After being injured at work, you should have filed a claim through your employer’s workers’ compensation insurance. The world of workers’ compensation can be a frustrating and confusing experience, especially when considering strict time limits and delays. In this blog, we will discuss your rights and options as an injured worker regarding obtaining compensation for unreasonable delays in providing notice or payment in your Case.
What is an unreasonable delay?
In California, workers’ compensation insurance companies have 14 days to respond to your injury claim after it has been submitted. The insurance company will reject, accept, or “delay” your claim. After delaying your claim, the insurance company will have 90 days to investigate it reasonably; after that time has passed, it may be considered an “unreasonable delay” to respond to your lawsuit.
Why would my claim be delayed?
There are several reasons an insurance company may choose to delay your claim rather than accept or reject it within the first 14 days of submission. These reasons may include:
- Time required to investigate a new workers’ compensation claim
- Time required to obtain medical records
- Time required to review medical records and facts by a claim’s administrator
What do I do if my claim has been delayed unreasonably?
If your claim has been delayed past the threshold of the above-mentioned reasonable amounts of time, you may be entitled to penalties in your case. A penalty is a payment made because an insurance company failed to make timely benefit payments or responses. After a claim has been delayed unreasonably, it is recommended that you research and understand your rights as an injured worker. Many people will choose to seek help from an attorney at this point. An attorney will be able to help you know if a delay is considered unreasonable, what your options are, and help you obtain the best results in your workers’ compensation claim.
Filing a workers’ compensation claim can be confusing and frustrating if you have been injured on the job. Knowing your rights & options is necessary, especially when dealing with unreasonable delays. Contacting an attorney to assist you in your claim can significantly impact the stress associated with your workers’ compensation claim and obtain fair results. The workers’ compensation attorneys at Eason & Tambornini are highly qualified and ready to answer your questions during your no-cost consultation.
