Yucca Valley, CA asked in Workers' Compensation and Public Benefits for California

Q: If my worker's comp case is settled and a check should be coming to me in the mail w/i 30 days, should I be anxious?

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Don't be anxious. Just keep in mind you save the envelope in which the check comes. Open any envelope from the comp insurance carrier with great care, preserving the post mark showing the date it was mailed. You might have to produce that post-marked envelope for a judge in the coming weeks, so make certain it is readable. If the check is late, check the date on the Order Approving the settlement from the judge, and the date the defense attorney got the order. If the defense attorney/insurance adjuster got the Judge's Order more than 30 days before the check is received, and the post-mark shows the adjuster mailed it more than 25 days after the date on the order, you can get up to 25% of the payment in a penalty! If the letter carrier walked around with the check for 10 days and the post-mark shows the adjuster mailed the payment 20 days after she received the judge's order, then it isn't late and no penalty will be ordered. Go to www.dir.ca.gov and check on the quick search menu on the right to 'search for a case' and search your case and see what date the Order Approving issued, then you will know what date payment is due.

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