logologologo
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
logologologo
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
logologologo
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
  • (714) 547-5025
  • Workers’ Compensation
    • About Workers’ Compensation
    • What Is Workers’ Compensation?
    • What Does A Workers’ Compensation Attorney Do?
    • Types of Work Injuries
    • How Long Does a Workers’ Comp Case Take to Resolve in California?
    • When You Should Hire a Workers’ Compensation Attorney
    • Types Of Workers’ Compensation Benefits
    • How Workers’ Compensation Attorneys Get Paid
    • Do You Have a Workers’ Compensation Case?
    • Filing a Workers’ Comp Claim in California
    • Helping Injured California Workers
    • Have You Had a Career Ending Injury?
  • About
    • About Thomas F. Martin, PLC
    • Award Winning Workers’ Comp Lawyer
    • Fighting For Injured Workers’ Rights
    • Free Consultation
    • FAQs
    • News
  • Contact
by Thomas F. Martin
Workers' CompensationMarch 24, 20230 comments

Workers’ Compensation Penalties For Delayed Payments (Labor Code 5814)

As an injured worker, understanding the various labor codes that govern your rights and protections in the workplace is essential. When claims administrators are late paying workers’ compensation benefits, California Labor Code 5814 can increase the benefit to the injured worker up to 25% up to certain maximums.

What is Labor Code 5814?

Labor Code 5814 is a section of the California Workers’ Compensation Law that outlines the penalties for employers who are overdue in paying medical and indemnity benefits owed to an injured worker.

Specifically, this section states that if a claims adjuster fails to timely provide workers’ compensation benefits in the form of payments for medical bills, or payments to an injured employee, they will be subject up to a 25% penalty on the amount of benefits that were not paid up to a certain maximum. This penalty is paid to the injured worker and IN ADDITION to any other penalties or fines that may be imposed by the state against the claims administrator.

Understanding the penalties for violating Labor Code 5814

The penalty is intended to deter claims administrators from delaying the payment of benefits to the injured workers that are owed. Some penalties are automatically owed if not paid promptly.

How to avoid violating Labor Code 5814

It’s simple: the best way for a claims administrator to avoid violating Labor Code 5814 is to ensure that they are fully compliant with workers’ compensation laws and pay the benefits owed to the injured worker and the physicians on time.

Steps to take if you believe your employer has violated Labor Code 5814

SAVE THE ENVELOPE!
The best way to prove that a payment to an injured worker was paid late is to save the envelope the late payment came in so it can be provided to the Workers Compensation Judge (WCJ) at the appropriate time.

SAVE LETTERS AND EMAILS
Any documentation you have related to the late payment should be saved as well.

KEEP ANY DEMANDS FROM DOCTORS
If you receive any notices of overdue bills from any of the doctors involved in your workers’ compensation claim, do not throw them away! Even if the workers’ compensation carrier may eventually pay the doctors, a penalty may still be owed to YOU.

DEMAND A BENEFIT PRINTOUT
You are entitled to see what payments the claims administrator has made and when. Keep a copy of any letter or email you send to the claims administrator demanding a printout of all payments made to you and medical providers.

Hiring a workers’ compensation attorney to help with Labor Code 5814 issues

If you believe that the claims administrator has delayed payments in your case, consider contacting an experienced workers’ compensation attorney. An attorney can help you understand your rights and options, gather evidence to support your claim and navigate the complex legal process involved in pursuing the penalties you may be owed. Contact Thomas F Martin PLC at 714-547-5025.

Tags:
thomas f martin plc Worker’s Compensation worker’s compensation benefits workers comp benefits workers comp claim Workers comp lawyer
The Impact of California Workers' Compensation Utilization Review Delays on Injured WorkersPrev
5 Signs of an Excellent Workers’ Comp LawyerNext

Latest Posts

by Thomas F. Martin

Su consulta gratuita con un abogado de compensación laboral

Si ha resultado herido en el trabajo, es esencial comprender sus derechos y opciones. Un abogado de compensación laboral puede guiarlo a través del proceso...

Su consulta gratuita con un abogado de compensación laboral

Workers' CompensationSeptember 12, 2023
by Thomas F. Martin

What’s a Request for Authorization (RFA)? Understanding in Simple Terms

By California law, EVERY medical treatment recommendation of your doctor must be on a one-page Request for Authorization (RFA) and forwarded to the proper...

What’s a Request for Authorization (RFA)? Understanding in Simple Terms

Workers' CompensationSeptember 11, 2023
by Thomas F. Martin

What To Consider When Your MPN Doctor Won’t Treat All Your Work Injuries

Imagine you get hurt on the job and your employer sends you to see a doctor from the insurance company Medical Provider Network (MPN). The doctors are...

What To Consider When Your MPN Doctor Won’t Treat All Your Work Injuries

Workers' CompensationSeptember 8, 2023
logo

Quick Links

  • Home
  • About
  • Explore
  • FAQ’s
  • Blog
  • Contact
  • Orange, CA
  • Santa Ana, CA
  • Anaheim, CA

Address

2107 North Broadway
Suite 206
Santa Ana, CA 92706

Phone

714-547-5025

Find Us

The information appearing on this website are provided for informational purposes only, and do not constitute legal advice or opinions. Transmission or receipt of any information through this website shall not create or establish an attorney-client relationship, and do not act or rely upon any information appearing on this website without seeking specific and competent legal advice from an attorney. Laws are constantly changing, and the information appearing on this website may be outdated and inapplicable to your circumstances and are not guaranteed.

 

Testimonials found on this website are actual past client reviews of Thomas F. Martin PLC. We appreciate our clients and their willingness to share their experiences. Please keep in mind that these results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

 

DO NOT SEND CONFIDENTIAL INFORMATION THROUGH THIS WEBSITE since an attorney-client relationship will only be established by a written retainer of Thomas F Martin PLC, and in no other way. Each case is unique, therefore testimonials and endorsements do not constitute a guarantee, warranty or prediction regarding the outcome of your potential case. Required Notice: "Making a false or fraudulent worker's compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine".