Even in the simplest cases where it is clear that an injured worker is entitled to workers’ compensation, the process of actually receiving those benefits is not so simple. In fact, the sometimes lengthy delays leave injured workers wondering precisely when their case will conclude.
At The Ledger Law Firm, we help injured workers receive the legal help needed to cut through the red tape of an Orange County workers’ comp claim. That said, there are a number of potential delays that can arise that may require legal compensation. Here are a few of the biggest roadblocks to receiving the compensation that is deserved after suffering a workplace accident.
The Injured Worker
While it may seem counterintuitive at first glance that a worker may sabotage their ability to receive compensation as quickly as possible, know that this is almost always done unintentionally. Namely, a workers’ compensation claim process in California cannot start until an injured worker notifies their employer of the injury and files the claim.
Naturally, injured workers should seek immediate medical attention after a workplace accident whenever necessary, but the key point is to file a workers’ comp claim as soon as realistically possible. Doing so will help expedite the process immensely.
Employers May Delay Submitting a Claim to the Claims Administrator
Even though there are legal requirements for employers to submit a workers’ comp claim to the claims administrator in a timely manner, mistakes can be made from time to time. A delay on the employer’s side of things can also slow the process down, so it may benefit you to check in and make sure that your claim was submitted properly.
The Claim Administrator Must Investigate the Claim
Once your claim is submitted to the administrator, the investigation can begin in earnest. California law stipulates that the administrator has 90 days after the date specified on the claim form to complete their investigation of a workplace injury.
As this process is ongoing, however, it is important to keep in mind that your medical treatment must be authorized within one working day of this ordeal. Payments should also be made within two weeks to injured workers who are suffering from either temporary or permanent disability in most cases. For these workplace injury victims, receiving this payment can be a beneficial stop-gap measure until the full workers’ comp benefits are received.
During the investigation process itself, plenty of other delays can arise based on what the investigation reveals. As such, it is wise to have an Orange County workers’ comp attorney by your side each step of the way to quickly address any legal issues that arise.
At The Ledger Law Firm, we help injured workers protect their legal rights by pursuing the workers’ compensation that is owed after a workplace accident or illness. Contact us online today to speak with a Ledger Law workers’ comp lawyer representing the injured workers of Orange County.