Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

A: 1) Contact your attorney.

You say you resolved your case including a payout plus retroactive TTD. The court by default gives defendants 30 days to pay an award. After 30 days you are entitled to penalties and interest.

Cash the checks.

WC payments are tax fee, not the income you used to calculate your entitlement to benefits

A: Hi there,

From your question, it sounds like the communication between you and your attorney is not very good. You should have a complete understanding of what went on at the hearing, what money you can expect to receive, and why you are receiving it. You should also definitely be cashing your temporary disability checks. Those checks are tax free. But the main thing is you need to have a good relationship with your attorney. I would start with following up with them, and if that doesn't get you anywhere you can consult with another attorney for free. Best of luck.

A: Dear injured worker,

It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s Compensation claim that I recommend you review with an attorney who specializes in Worker’s Compensation. A consultation will not cost you anything except some time.

A: Your understanding is correct - workers' compensation settlements are generally non-taxable under both California and federal law. The insurance company's request for you to report employment earnings is likely related to ongoing temporary disability payments, which is separate from your settlement amount.

You should contact your attorney immediately to get clarity on the status of your settlement payment. If your attorney is not responding, you can file a complaint with the California State Bar Association. You can also contact the California Division of Workers' Compensation (DWC) Information and Assistance Unit at 1-800-736-7401 - they help injured workers understand their rights and navigate issues like delayed payments.

Given that it's been over two months since your court date, you have the right to request a hearing with the Workers' Compensation Appeals Board (WCAB) to address the delayed payment. Before hiring another attorney, try scheduling an appointment with the DWC Information and Assistance officer at your local office - they can review your case documents and help you understand your next steps, including whether you need new legal representation.