Delayed Workers’ Compensation Claim 

Our Experienced California Workers’ Comp Lawyer in Santa Ana Is Ready To Help 

Have you received a notice of delay of your worker's comp claim? The last thing you need after being injured in a workplace accident in Santa Ana or anywhere in Orange County is to is to learn that payment of your workers’ compensation benefits will be delayed.

Employers or their claims adjusters may sometimes send claimants a “Notice of Delay in Determining Liability for Workers’ Compensation Benefits” declaring that they wish to investigate a claim further before authorizing official approval or denial.

While some delays are triggered for good faith reasons, others may sometimes be an employer’s or insurance company’s attempt to dishonestly shirk financial liability for a worker’s injuries.

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Get in touch with our firm online or call (714) 909-2609today to review your legal options.

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What Is a Delayed Workers’ Compensation Claim in California?

A delayed workers’ compensation claim occurs when an employer or insurance company postpones making a decision on your benefits. In Santa Ana and throughout California, this typically means the insurance carrier needs additional time to investigate your injury.

However, a delay does not mean your claim is invalid. Many injured workers in Orange County still recover full benefits after a delay, especially when proper documentation and legal guidance are involved.

Can You Still Receive Benefits During a Delay in Santa Ana?

Yes. Under California law, injured workers in Santa Ana are entitled to receive necessary medical treatment while their claim is under review.

Employers must authorize up to $10,000 in medical care during the investigation period. This ensures that your recovery is not put on hold while your claim is being evaluated.

California Workers' Comp Attorneys You Can Trust 

If your workers’ comp claim has been delayed or denied, our Santa Ana workers’ compensation lawyers can protect your rights and help ensure you receive every penny’s worth of your entitled benefits.

Having been helping injured workers for more than 50 years, our knowledgeable worker's compensation attorneys can walk you through the associated legal process and maximize your chances of securing the results you need.

Common Reasons Workers’ Compensation Claims Are Delayed in Orange County

Workers in Santa Ana and across Orange County may experience delays for several reasons, including:

• The employer or insurer needs more time to investigate
• Disputes about whether the injury is work-related
• Delayed reporting of the injury
• Missing or incomplete medical records
• Insurance company tactics to reduce payouts

Even if your claim is delayed, California law provides protections to prevent abuse of the process.

How Long Will My Claim Be Delayed? 

If an employer or insurance company has a good faith reason for the delay, they will be given a period of 90 days after serving a claimant with a Notice of Delay to conduct an investigation.

During this time, the employer must authorize all medical treatments for the injury during the delay period up to a limit of $10,000. If the employer does not reject a claim within this 90 day period, the claim is presumed to be accepted and benefits must then be paid.

Under the California Labor Code, employers who unreasonably delay or refuse to pay a claim are required to pay an additional 25% of the value of the delayed claim or an additional $10,000, whichever is less. Likewise, if a disability payment is late, whether it be for temporary disability or permanent disability, an automatic 10% increase is applied to the amount without the need to determine if the delay was unreasonable.

How to Protect Your Workers’ Compensation Rights in Santa Ana

If your claim has been delayed, taking proactive steps can make a significant difference:

• Report your injury to your employer immediately
• Seek medical treatment from an approved provider
• Keep detailed records of your symptoms and care
• Save all communications with your employer and insurer
• Consult a Santa Ana workers’ compensation attorney early

These steps can strengthen your claim and reduce the risk of denial.

Frequently Asked Questions About Delayed Workers’ Comp Claims in Santa Ana

Will a delayed claim be denied automatically in California?

No. A delay only means the insurance company needs more time. Many claims in Santa Ana are approved after investigation.

How long can a workers’ comp claim be delayed in California?

Typically up to 90 days after a Notice of Delay is issued.

Can I still get medical treatment in Santa Ana during the delay?

Yes. Employers must provide up to $10,000 in medical care while your claim is being reviewed.

When Should You Contact a Santa Ana Workers’ Compensation Lawyer?

You should consider speaking with a local attorney if:

• Your claim has been delayed without clear explanation
• Your employer disputes your injury
• Your benefits are not being paid on time
• You believe the delay is unreasonable

Working with a Santa Ana-based attorney ensures you have someone familiar with local employers, insurance carriers, and California workers’ compensation procedures.

Let Us Help

At Ufkes & Bright, our Santa Ana workers’ compensation attorneys understand the anguish you must be experiencing following your injury and are prepared to do everything within our power to help make this difficult time easier on you. 

With an intentionally limited caseload and one-on-one attention dedicated to each client’s case, we can help determine if your claim’s delay is unreasonable and ensure you receive the maximum benefits for which you may qualify. To find out more about how our team of advocates can assist you, fill out an online form today and schedule your free consultation.