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Common questions

"I can't wait two years."

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The short answer

You should not have to. Five things are available before a case resolves, and most workers use none of them.

1. The $10,000 in treatment

§ 5402(c): within one working day after you file the claim form, the employer must authorize treatment and keep it authorized until liability is determined — up to $10,000.

This applies while the claim is delayed. It applies while the claim is denied.

Ask for it in writing and cite the section. More.

2. Temporary disability, on time, with the 10%

§ 4650: the first payment is due within 14 days of the employer's knowledge of the injury and disability, and every payment thereafter every two weeks.

§ 4650(d): a late payment is increased 10% automatically — "without application." You do not have to ask. It routinely is not added. How to check.

3. An expedited hearing

For urgent disputes over medical treatment or temporary disability, an expedited hearing is available — and it is heard in person, not on paper.

This is the mechanism people do not know exists. A stalled treatment authorization or a wrongly stopped benefit does not have to wait for the ordinary calendar. How hearings work.

4. Force the calendar with a DOR

Nothing in this system moves on its own. A Declaration of Readiness to Proceed — filed by either side — sets a mandatory settlement conference in 10 to 30 days and, if the case does not resolve, trial within 75 days. The full timeline.

5. Permanent disability advances

Once there is a basis for a rating, permanent disability is generally payable in advance of a final award rather than held until everything is resolved. Ask.

And the bridges outside the system

EDD State Disability Insurance, if your claim is denied or delayed. But EDD is entitled to reimbursement out of any later workers' compensation recovery for the same period under § 4903(f). It is not free money — and that is a concrete reason to press the claim rather than settle into SDI for a year. What comes out of your settlement.

Your own health insurance, as a bridge. It may assert a lien against your recovery — a manageable problem. Being untreated is not.

And for public employees: § 4850 provides listed public safety classifications a year of full salary, and Education Code §§ 44984 and 45192 give school employees at least 60 days of industrial accident leave at full salary. More. · School employees.

What not to do

Do not take a Compromise and Release just to end the wait. It closes future medical permanently, and in any case involving a device, a joint replacement, ongoing medication, or a progressive condition, that decision cannot be undone. Why.

A settlement taken under financial pressure is the most expensive decision in this system, and it is the one the timing is designed to produce.

Talk to a lawyer

Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.

(213) 380-931024/7 intake (213) 463-6469

General information about California law, not legal advice about your case.

Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469

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