Q: How to collect on a WCAB Finding and Award not paid by employer?
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the awarded amount?
A: Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
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- California
- (916) 704-3009
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- Answered
A:
Since your employer hasn't paid the WCAB Finding and Award, you'll need to take specific steps to enforce it. First, obtain a certified copy of your WCAB award from the Workers' Compensation Appeals Board. Next, you must convert this award into a court judgment, because local courts can't enforce WCAB awards directly.
To do this, file a certified copy of your WCAB award with the Superior Court clerk's office in the county where your employer operates. Complete and submit a "Request for Entry of Judgment" form, typically available from the court clerk or online, along with your certified award copy. The court clerk will then enter this as a judgment, which gives you the legal authority to use enforcement tools like wage garnishments or bank levies.
If you're unsure how to proceed, reach out to the WCAB's Information and Assistance Officer at your local board office. These officers provide free guidance about the necessary forms and procedures. Finally, acting promptly is crucial since delays could complicate your ability to collect the awarded amount.
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