My checks stopped or are late

Often something can be done. Here's what to know.

Temporary disability checks replace part of your wages while your doctor says you can't do your usual job. In California they are generally paid every two weeks.

Checks can stop for several reasons. The insurance company may say your doctor released you to work, that your condition is permanent and stationary (no longer expected to improve), or that you've reached the time limit. For most injuries, temporary disability is paid for up to 104 weeks within five years of the date of injury.

A late payment can carry a penalty that the insurance company must add to what it owes you. If your checks stopped for a reason you think is wrong, you can challenge it.

Keep every letter the insurance company sends you, and write down the date each check arrives. Then talk with us.

My boss says it's not a work injury

Your employer doesn't decide whether your injury is covered.

Report the injury to your employer in writing as soon as you can, and ask for a claim form (the DWC-1). Your employer must give you one within one working day of learning about the injury.

Once you file the claim form, the insurance company generally has up to 90 days to accept or deny your claim. If it doesn't deny it within 90 days, the injury is presumed to be covered. While it decides, it must pay for up to $10,000 of medical treatment.

If the claim is denied, you can challenge the denial, and a workers' compensation judge can decide.

An injury that builds up over time, called cumulative trauma, can be a claim too, not just a single accident. And every employee is eligible for workers' compensation benefits, whatever their immigration status or paperwork.

I'm worried about my job or my hours

Filing a claim is your right, and the law protects it.

If your doctor gives you work restrictions, your employer may offer you modified or alternative work that fits them. If it can't, temporary disability benefits may replace part of your wages while you recover.

If you can't go back to your usual job, you may qualify for a Supplemental Job Displacement Benefit voucher for retraining, and separately for the Return-to-Work Supplement Program.

Tell us what's happening at work, and we'll go over your options with you.

I just got hurt and don't know what to do

Take it one step at a time. Here's where to start.

1. Get medical care first. In an emergency, go to the emergency room.
2. Tell your employer about the injury in writing as soon as you can. In California you generally have 30 days to report it, but don't wait.
3. Ask your employer for a claim form (the DWC-1), fill out your part, and give it back. Keep a copy.
4. Write down what happened, when and where, and who saw it. Keep every letter, bill and receipt. The insurance company reimburses mileage for trips to your doctor's appointments and to the pharmacy for medication.

General information only, not legal advice. Every case is different.