Workers' Comp Check Late or Stopped?
Quick answer: In California, the first temporary disability payment is due within 14 days after the employer knows about the injury and the disability, and then every two weeks. A late payment is automatically increased by 10% (Labor Code §4650), with a few exceptions. Federal employees can lose continuation of pay if medical evidence doesn't arrive within 10 days.
California: the 14-day rule and the 10% increase
- First check within 14 days. Section 4650(a) requires the first temporary disability payment no later than 14 days after the employer knows about both the injury and the disability, unless liability was denied before then.
- Then every two weeks. Later payments are due every two weeks, on the same day of the week set by the first payment (§4650(c)).
- Late means 10% more. If a payment is late, it's increased by 10% and paid to you automatically (§4650(d)).
The 10% increase doesn't apply in every case. It doesn't cover payments due before, or within 14 days after, the employer receives your claim form. It also doesn't apply when the employer can't tell yet whether benefits are owed and sends you a notice explaining what information it needs and when it expects to decide.
Two more California rules help here. Your employer has to give you a claim form (DWC-1) within one working day of learning about the injury (§5401). And if the claim isn't denied within 90 days after you file that form, the injury is presumed compensable (§5402).
Two different California penalties
| Labor Code §4650(d) | Labor Code §5814 | |
|---|---|---|
| When it applies | Any late temporary or permanent disability payment | Payment unreasonably delayed or refused |
| Amount | 10% of the late payment | Up to 25% of the delayed amount or $10,000, whichever is less |
| How it's paid | Automatically, without asking | Decided by the Workers' Compensation Appeals Board; the employer can instead pay a self-imposed 10% within 90 days of discovering the delay |
| Time limit | Must be pursued within 2 years of the date the payment was due |
What people run into
These questions come up again and again in online forums. Here's what the law actually says.
In California, every payment after the first is due every two weeks, and a late one is increased by 10% automatically. Ask the adjuster in writing why the payment is late and keep a record of the dates. The Division of Workers' Compensation's Information & Assistance unit answers questions for free.
Labor Code §4650(c), (d)
The first payment is due within 14 days of the employer knowing about the injury and disability. The main exception is when the employer sends a written notice that it can't decide yet, saying what it needs and when it will decide. If there's no denial within 90 days of filing the claim form, the injury is presumed compensable.
Labor Code §§4650(a), (d), 5402(b)
Not automatically. Your agency can stop continuation of pay if medical evidence supporting the disability isn't received within 10 calendar days after the claim is submitted. If the evidence arrives later, COP is reinstated back to the date it stopped. COP can also stop if you refuse a written offer of suitable work approved by your doctor.
20 CFR 10.222(a)
Texas, Florida, and federal employees
- Texas: income benefits only start once you've been disabled for at least a week, and they build from the eighth day. Your employer has to report an injury that keeps you out more than a day to its insurance carrier within 8 days, and give you a copy (Labor Code §§408.082, 409.005). For impairment benefits, the carrier must start paying within 5 days after receiving the doctor's report certifying maximum medical improvement (§408.121).
- Florida: your employer must report the injury to its carrier within 7 days after learning of it (Fla. Stat. §440.185(2)). Remember the first 7 days of disability aren't paid unless you're out more than 21 days (§440.12(1)).
- Federal employees: continuation of pay requires a traumatic injury, Form CA-1 filed within 30 days, and lost time that starts within 45 days of the injury. COP is paid by your agency and is taxed like regular pay; OWCP wage-loss compensation after COP is not (20 CFR 10.200, 10.205).
What to do when a check is late
- Write down the dates. When you reported the injury, when the doctor took you off work, when each payment arrived.
- Ask the adjuster in writing. Email works. Ask why the payment is late and when it will be paid.
- Read every letter. A delay or denial notice tells you what the carrier says it needs. Send it quickly.
- Call your state agency. Workers' compensation agencies in all three states help injured workers for free. A workers' comp attorney is the next step if payments still don't come.
Sources
This guide is general information, not legal advice. Payment rules have exceptions that depend on your facts.