In certain circumstances, benefits to an injured worker in California can be backdated or made retroactive. There are two common circumstances where WC benefits are backdated.
If the injury lasts more than 14 days, or the worker is hospitalized, the employee will receive back payment for the three-day waiting period for missed wages. When a work-related injury happens and is reported to the employer, the only benefits that begin immediately are the medical treatment payments.
When an employee misses time from work because of an injury, they will receive temporary total disability (TTD) payments for those missed days from work. By rule, the first three days will not be paid unless the injury lasts more than 14 days or the worker is hospitalized.
Once either of these happened, the WC insurance company will have to backpay those three days to the injured employee.
Claim Originally Denied
Another way an injured employee can receive backdated benefits is if the WC insurance company denies the claim that the injury was work-related and then later the worker appeals and the injury claim is determined to be work-related.
Then the WC insurance company will be required to pay all TTD benefits and any other benefits that would have been paid had the claim been properly accepted in the first place.
This includes any medical payments related to the injury but were not paid. Under the rules, once the person is injured, even if they eventually deny the claim, all immediate medical bills must be paid. Once the claim is reinstated, then any disputed medical bills that occurred after the WC denial have to be paid as well.
Contact a Sacramento Worker’s Compensation Lawyer Today
If you feel that the employer is not paying your medical bills or wages as they should, it may be good to get an attorney who can help you get your claim on track. The attorneys at the Law Office of Alice A. Strömbom can help you with your claim. This might include back wages, ongoing wages, medical bills and payment for wrongful discharge.
If you do decide to talk to an attorney, don’t wait too long as there are deadlines that if not met might reduce or eliminate your benefits.