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Law Offices of Jeremy K. Lusk, Inc.

Once you have been deemed temporarily, totally disabled due to your accepted injury, the first temporary disability payment should be made no later than 14 days after the employer/insurance company‚Äôs knowledge of the injury and disability, on which date all indemnity then due shall be paid.  Subsequent payments will be paid on a biweekly basis.  However, there could be further delays up to 90 days, while your claim is being investigated to determine whether the employer/insurance carrier will be accepting or denying your claim. 

If your claim is accepted, then the employer/insurance carrier will have to pay you retroactively for your temporary disability benefits for any delays.  If you claim is denied, then the employer/insurance carrier does not have to pay you temporary disability unless the claim is later accepted, or a judge finds there was an industrial injury.  However, even if your claim is denied, there are some situations when an employer may offer injury pay, meaning they will continue your full salary for a set amount of time.  However, this benefit is specific to the employer and is not always available.  In addition, other benefits such as state disability may be available to you.

Once it is confirmed you are entitled to temporary disability benefits, the typical rule is that whenever an indemnity payment is late, such as temporary disability, the insurance company should automatically include a 10% self-imposed penalty.  If they fail to do so, they can be subject to a higher penalty of up to 25% of each late payment, up to $10,000, if there was no reasonable excuse for the delay.  

If you have questions about your workers' compensation injury and want to talk to an attorney in Fresno, please call 559-408-7436 or fill out the form to the right.

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My temporary disability check is late.  is a penalty due?