Late Workers Comp Payment California: What to Do if Your First Check Is Delayed or Missing

Late workers comp payment California? Learn when benefits start after a work injury, why your first check workers comp delay happens, and step‑by‑step fixes if you’re not receiving workers comp payment. Practical timelines on how long to get paid after injury CA, documentation checklists, scripts, and legal options to force payment or seek penalties now.

Estimated reading time: 18 minutes

Key Takeaways

In California, medical benefits should be authorized right away after you file a claim, while wage replacement follows a three-day waiting period and typically begins within 14 days once disability is documented by a doctor and your employer/insurer has the paperwork.
The 14-day timing for the first temporary disability payment usually runs from the date your employer documents the injury or your doctor documents disability, whichever is later, with payments issued every two weeks once they start.
If your first check is missing after 14 days, confirm the claim was filed (get the DWC-1 copy and claim number), call the adjuster, verify your address/bank info, submit any missing medical notes, and send a written demand.
Insurers may take up to 90 days to accept or deny a claim during investigation, but you can still receive medical care during this period and may be owed penalties for unreasonable payment delays.
Keep a complete paper trail: DWC-1, claim number, adjuster contact, doctor’s disability note, pay stubs, emails, phone logs, and certified mail receipts—this documentation can unlock stalled payments and support penalties.

Introduction
Quick Answer TL;DR
How Workers’ Compensation Payments Generally Start in California
Reporting and DWC‑1
Insurer Investigation and the 90‑Day Rule
Medical Care vs. Wage Replacement
Typical Timelines and Realistic Expectations — How Long to Get Paid After Injury CA
Common Reasons for Delay — First Check Workers Comp Delay
Immediate Step‑by‑Step Action Plan if Your Payment Is Late or Missing
Sample Letters and Scripts
What Documentation to Collect and How to Document Communication
When You Are Entitled to Penalties and How to Pursue Them
When to Hire a Lawyer
Common FAQs
Real‑World Examples / Mini Case Studies
Resources and Official Links
Conclusion
FAQ

Introduction

If you’re dealing with a late workers comp payment California, this guide explains when your benefits should start and step‑by‑step what to do if your first check is delayed or missing. We’ll answer “when do benefits start work injury,” give immediate actions for a “first check workers comp delay,” and show how to proceed if you’re “not receiving workers comp payment.”

In brief: medical benefits should be authorized immediately after a claim is filed; wage replacement has a three-day waiting period and, when eligible, the insurer generally must start paying within about 14 days of the employer or doctor documentation, depending on the circumstances (see Atticus guidance on first payments and timelines). For high-level California resources and forms, visit the Department of Industrial Relations (DIR).

Quick Answer TL;DR

Medical benefits: should start immediately after a claim is filed (no waiting period), according to Rodich’s California timing overview.
Wage replacement: eligible after a three-day waiting period, and the insurer should start payments within roughly 14 days once disability is documented; see Atticus on first-payment timing and Personal Injury Law San Diego on waiting periods.
If your first check isn’t received within 14 days of documentation: follow the seven-step action plan below for not receiving workers comp payment.

How Workers’ Compensation Payments Generally Start in California

Workers’ compensation in California covers medical care and wage replacement for work-related injuries; the process begins when you report the injury to your employer.

Below is the process in plain language so you can spot where things get stuck and move them forward.

Report the injury to your employer right away (ideally the same day). Tell your supervisor what happened, when and where, and that it was work-related. Early reporting is a critical first step, as emphasized in Atticus’s California timing guide.
Employer completes and returns DWC Form 1 (Notice of Injury). Your employer should give you a DWC‑1 to complete and should submit it promptly. You can review the official form at the DIR: DWC Form 1 (Notice of Injury).
Insurer opens a claim and investigates. The claims administrator has up to 90 days to accept or deny the claim under California Labor Code §5402 and typical practice discussed by Rodich.
Claim accepted or denied. If accepted, the insurer authorizes medical care and, when you are off work per a physician, wage replacement per the timing rules below.
Payment timing: medical benefits are immediate once the claim is filed; wage replacement follows a three-day waiting period and ordinarily begins within about 14 days once documentation shows you must miss work. See Atticus on the 14‑day window and Personal Injury Law San Diego on waiting periods.

Reporting and DWC‑1

Report the injury to your employer as soon as possible and ask for the DWC‑1 form. Completing and returning the DWC‑1 anchors the official date of injury reporting and helps start your medical care authorization. You can view and download the official DWC‑1 at the California DIR site. If you need a refresher on the overall filing process, see our step-by-step guide on how to file a workers’ compensation claim.

Insurer Investigation and the 90‑Day Rule

The insurer may investigate for up to 90 days before deciding to accept or deny the claim per Labor Code §5402, a timeframe often cited by reputable California sources like Rodich. During this period, you are still entitled to medical care up to applicable limits, and the insurer should communicate in writing if there is any delay; some resources note you should receive written notice within about 14 days explaining a payment delay (see Atticus on delay letters). For broader legal context, you can also review our overview of California workers’ compensation laws.

Medical Care vs. Wage Replacement

Medical care should start right away—there is no waiting period to obtain necessary treatment once your claim is filed, according to California timing explanations by Rodich. Wage replacement (temporary disability) typically starts if you miss more than three days of work and a physician documents your disability. Payments should begin within about 14 days after the later of employer injury documentation or your doctor’s disability certification, per Atticus.

When does the 14‑day clock start? It generally starts from the date your employer documents your injury or the date your physician documents disability, whichever is later, as explained by Atticus. If you reported the injury before seeing a doctor, the timing usually runs from when disability is confirmed in writing by a doctor.

Timeline infographic copy (five nodes you can visualize):

Node 1: Injury occurs → report to employer same day.
Node 2: Employer submits DWC‑1 to insurer → claim opens.
Node 3: Doctor visit → written disability note confirming time off.
Node 4: Insurer reviews (up to 90 days) → issues acceptance or denial.
Node 5: If accepted and disability documented → first wage payment within about 14 days, then paid every two weeks.

If your claim stalls during investigation or communication gaps, learn how to push for responses in our guide on a workers’ comp adjuster not responding.

Typical Timelines and Realistic Expectations — How Long to Get Paid After Injury CA

How long to get paid after injury CA varies; use these realistic buckets to set expectations.

Best case (7–10 days): you report immediately; DWC‑1 is filed same day; your doctor documents disability within the week; the insurer approves promptly; payments are set to direct deposit. This aligns with the quick timelines described by Atticus.
Typical (2–4 weeks): employer files within a few days; medical report arrives within 3–7 days; the insurer processes within 10–14 days; mail adds a few days. These timeframes reflect common practice summarized by Personal Injury Law San Diego and Rodich.
Delayed (4–8+ weeks): the insurer uses the investigation window (up to 90 days) under Rodich’s overview and Labor Code §5402; medical records are incomplete; there are disputes about work-relatedness; or there are administrative errors (wrong address or banking details).

Benefit types and timing differences:

Medical benefits: should be authorized immediately after the claim is filed (no waiting period), per Rodich.
Temporary disability (wage replacement): subject to a three-day waiting period; once started, payments are typically every two weeks, as noted by Atticus.
Permanent disability: assessed later in the claim; payments may be weekly or resolved in a lump sum depending on settlement or award.

How wage checks are calculated: temporary disability is generally two‑thirds (66.7%) of your pre‑injury average weekly wage, subject to state minimums and maximums. For current statewide caps and annual updates, review the DIR’s benefit information on workers’ compensation benefits and temporary disability rates. For more context on available benefits, see our overview of what benefits workers’ comp covers.

Common Reasons for Delay — First Check Workers Comp Delay

Waiting for a first check is stressful. Here are common causes and fast fixes.

Claim processing and investigation: insurers may take up to 90 days to accept or deny a claim under Labor Code §5402, a window discussed by Rodich. Fix: call the adjuster for a status update and confirm they have your doctor’s disability note.
Employer delay in filing DWC‑1: if your employer hasn’t filed, your benefits stall. Fix: request the DWC‑1 copy and the date it was filed; if needed, email HR to create a written record. If you’re facing employer hesitation, read our guide on what to do when an employer refuses to file a claim.
Missing or incomplete medical documentation: benefits don’t begin until a doctor documents you can’t work. Fix: ask your physician for a clear note with diagnosis and the date you must be off work, as emphasized by Atticus.
Administrative errors: wrong address, bank details, or a name/SSN mismatch. Fix: verify payment address or direct deposit info with the adjuster; request written confirmation of any changes.
Work-relatedness disputes or preexisting conditions: the insurer may question whether the injury happened at work. Fix: document how the injury occurred with dates, times, witnesses, and job duties; ask the adjuster what evidence they need to accept the claim. If a dispute escalates, our piece on why employers deny workers’ comp can help you prepare.
Check lost or mail delays: the check may have been issued but never arrived. Fix: request a stop-payment and reissue or ask to switch to direct deposit.

Mini case sketches:

Maria (fast pay): reported same day, DWC‑1 filed immediately, doctor documented disability in two days; first check paid by direct deposit in nine days.
James (delay resolved): claim was accepted but the check went to an old address; after a written demand citing penalties, the insurer reissued by expedited delivery with a 15% late penalty added.

For broader process timing, you may also find our article on how long for a workers’ comp decision useful.

Immediate Step‑by‑Step Action Plan if Your Payment Is Late or Missing

If you haven’t received a payment within 14 days of the later of employer documentation or your doctor’s disability note, take these steps in order. This plan is designed for late workers comp payment California situations where the first check is delayed or missing.

Step 1 — Confirm the claim was reported (Days 1–2)

Call employer HR/supervisor and ask: “Was my work injury reported to the insurance company? What is my claim number, and which insurer handles it?”
Request a copy of your DWC‑1 and the date it was filed (DWC Form 1).
If the employer is unsure or refuses, send a brief email requesting confirmation and keep delivery/read receipts.

Exact phone script to employer HR:

“Hi, this is [Name]. I was injured at work on [date] and reported it on [date]. Can you confirm that a workers’ compensation claim was filed, provide the claim number, and give me a copy of the DWC‑1 form or the date it was filed?”

Step 2 — Contact the claims adjuster (Days 2–3)

Find the adjuster’s contact from any insurer notice; if you don’t have it, call the insurer’s main line with your name and employer to get routed.
On the call: identify yourself, give the claim number, the injury date, and the date your doctor restricted you from work.
Ask: Is my claim accepted or under investigation? Do you have my doctor’s disability report? Has a payment been issued? If yes, what date and to what address/bank? If no, when will it be issued?
Request an email confirming the current status and next steps.

Exact phone script to claims adjuster:

“Hello, my name is [Name], claim #[X]. I reported my injury on [date] and my doctor confirmed a disability on [date]. I have not received my first temporary disability payment. Can you tell me: (1) whether the claim is accepted or under investigation; (2) whether you have my doctor’s report; (3) whether a payment has been issued and to what address/account; and (4) when I can expect payment?”

Step 3 — Verify and update payment details (Days 3–4)

Confirm the mailing address and/or direct deposit routing and account numbers.
If anything is wrong, send corrected details by email and ask for a written confirmation that the account or address has been updated.
Ask for the expected payment date and method in writing.

Step 4 — Provide any missing documents immediately (Days 4–7)

Common requests: doctor’s work-status note with dates, medical authorization forms, pay stubs for wage calculations, and a copy of your DWC‑1.
Submit by email and ask for a receipt; if mailing, use certified mail with tracking and keep copies.

Step 5 — Send a written demand (Day 7–10)

Send a concise demand letter by email (with read receipt) and certified mail (return receipt). Request payment within five business days and reference potential penalties for unreasonable delays, which can be roughly 10–25% as discussed by Atticus. A complete letter template appears in the “Sample Letters and Scripts” section below.

Step 6 — Contact DWC Information & Assistance (Days 14–21 if unresolved)

Call California’s DWC Information & Assistance line at 1‑800‑252‑7220 or visit the DIR website for help.
Explain the timeline and provide copies of your demand and medical notes. Ask how to file a complaint or get help escalating with the insurer.

Step 7 — File with the Workers’ Compensation Appeals Board (Days 21+)

File an Application for Adjudication with the WCAB to bring your dispute before a judge. See the WCAB’s official page at DIR’s WCAB site.
Request an expedited hearing if you are facing financial hardship.
Include a penalty request if the insurer’s delay appears unreasonable under California law; some penalties can add 10–25% to late payments as summarized by Atticus.

If your employer caused delays at the start, our resource on steps to take after a workplace injury can help you rebuild the paper trail and keep your medical care moving.

Sample Letters and Scripts

Use these ready-to-copy scripts when you face a first check workers comp delay or are not receiving workers comp payment at all.

Phone script — to employer HR

Phone script — to claims adjuster

Written demand letter — late payment

Subject: Demand for Payment — Workers’ Compensation Claim [Claim #]

Dear [Adjuster/Insurer]:
I was injured at work on [DATE] and reported the injury to my employer on [DATE]. My physician confirmed on [DATE] that I am unable to work. My claim number is [CLAIM #]. Pursuant to California workers’ compensation law, temporary disability benefits are due to commence within 14 days of documentation establishing disability.
It has been [NUMBER] days since my employer/facility documented my disability, and I have not received the initial temporary disability payment. Please deposit or mail payment by [DATE — 5 business days from letter]. I further request payment of any waiting‑time and unreasonable‑delay penalties as provided under California law.
If I do not receive payment or a written explanation for the delay by [DATE], I will file an Application for Adjudication and a Petition for Penalties with the Workers’ Compensation Appeals Board and seek all available remedies.
Sincerely, [Name, contact info]

If you still haven’t received a clear update after sending the demand, consider reviewing our article on how to appeal a workers’ comp denial to understand next steps with the WCAB even if your issue is a delay rather than a denial.

What Documentation to Collect and How to Document Communication

A complete file makes delays easier to resolve—and supports penalty requests if needed. Create a digital folder with suggested filenames:

DWC‑1_Copy.pdf (or DWC1_ScannedDate.pdf) — proof of claim filing.
ClaimNumber_Info.pdf — a screenshot or letter showing your claim number and insurer.
AdjusterContact_[Name].pdf — note with adjuster’s phone/email and when you got it.
Doctor_Report_[Date].pdf — includes diagnosis and the exact dates you cannot work.
Paystubs_Last3Months.pdf — for calculating your average weekly wage.
DemandLetter_[Date]_CertifiedReceipt.pdf — email read receipt and certified mail tracking.
AllEmails_[date‑range].pdf — a combined thread of insurer communications.
PhoneLog.pdf — a simple record of date, time, who you spoke with, and the outcome.

Phone log example (you can replicate this in a document or spreadsheet):

Date	Time	Person/Phone	Summary	Outcome/Next Step
MM/DD/YYYY	10:15 AM	HR — [Name], (XXX) XXX‑XXXX	Requested DWC‑1 copy and claim number	HR emailed DWC‑1 and insurer info
MM/DD/YYYY	2:40 PM	Adjuster — [Name], (XXX) XXX‑XXXX	Asked if claim accepted, whether doctor’s report on file, and payment status	Adjuster awaiting doctor note; I emailed the note same day

If paperwork gaps or miscommunications persist, see our practical tips on documenting a work injury to strengthen your file.

When You Are Entitled to Penalties and How to Pursue Them

Under California law, if an insurer unreasonably delays payment, you may be entitled to a penalty of roughly 10%–25% of the late payment in addition to the benefits owed, per practical guidance summarized by Atticus. Payment timing and related rules appear in California statutes, including Labor Code §4650; the acceptance/denial timeline is in §5402; and unreasonable delay penalties are adjudicated by the WCAB under additional provisions (for example, LC §5814). You can navigate WCAB filings through the official WCAB page and forms via the DIR.

How penalties are calculated in practice: suppose your overdue temporary disability check is $1,000. A penalty could add $100–$250, making the total $1,100–$1,250 depending on the circumstances and the judge’s determination. If repeated delays occur, penalties may be assessed on multiple late payments. For more on benefit structure and timing, see temporary vs. permanent disability in workers’ comp.

Steps to request penalties:

Ask the adjuster in writing to include penalty payment on the late check and cite your timeline.
Include the penalty demand in your certified demand letter and reference California law.
If refused, file a Petition for Penalties or include penalty claims with your Application for Adjudication at the WCAB (visit WCAB’s official site for procedures and locations).
Consider legal representation to argue for a higher penalties percentage when the delay appears clearly unreasonable.

When to Hire a Lawyer

Consider hiring a workers’ compensation lawyer if any of the following apply:

Your payment is delayed 3–4 weeks without a reasonable explanation.
Your claim is denied or there’s a complex dispute about whether the injury is work-related.
You have a serious injury, possible permanent disability, or large lost wages with financial hardship.
The insurer repeatedly mismanages communications or misdirects payments.

What a lawyer can do:

File your Application for Adjudication, penalty petitions, and requests for an expedited hearing at the WCAB.
Push the insurer for rapid payment, negotiate penalties, and coordinate independent medical evidence.
Represent you at conferences and hearings, and negotiate settlements or awards.

Fees: in California, workers’ comp attorneys typically work on contingency and receive a court-approved percentage (often around 10–15%) of the benefits obtained, as commonly described by sources like Atticus. If you’re unsure whether you need counsel, see our overview, Do I need a workers’ comp lawyer?

Common FAQs

When will I get my first workers’ comp check in CA?

Generally within about 14 days of your employer reporting the injury to the insurer and once a doctor confirms you need to miss work, according to Atticus and timelines often discussed by Personal Injury Law San Diego. Remember, there’s a three-day waiting period before wage benefits start. Medical care should be authorized immediately (see Rodich).

Why was my first check delayed?

Common reasons include the insurer’s 90‑day investigation window, missing medical documentation, employer delays filing the DWC‑1, or administrative errors like a wrong address. Call the adjuster, confirm they have your doctor’s disability note, and verify your payment method; if still unresolved, send a written demand and contact DWC I&A at 1‑800‑252‑7220 via the DIR.

What if I’m not receiving workers comp payment but my claim was accepted?

Confirm the payment date and method with the adjuster, verify your address or bank info, and request reissue if the check was lost. If more than two weeks pass without payment, escalate to DWC Information & Assistance through the DIR.

Can my employer fire me for filing a claim?

No. Retaliation for filing a workers’ comp claim is unlawful. If you experience retaliation, consult the DIR resources and consider legal advice.

How long to get paid after injury CA?

Best case is 7–10 days with perfect paperwork and direct deposit; typical is 2–4 weeks; delayed can be 4–8+ weeks during investigation or if documents are missing. See timing discussions by Personal Injury Law San Diego and Rodich.

Real‑World Examples / Mini Case Studies

Example 1 — Quick‑Pay (8 days). Maria, a retail worker, reported an arm injury the same day; her employer filed DWC‑1 immediately. She saw a doctor the next day, who documented two weeks off work. The insurer received her disability note and approved quickly. With direct deposit set up, her first wage payment hit eight days after the injury.

Lesson: same-day reporting, fast DWC‑1 filing, and a clear doctor’s note can reduce waiting.
Key action: confirm direct deposit details with the adjuster to avoid mailing delays.

Example 2 — Delayed but Resolved (42 days). James reported a back injury but didn’t get a doctor’s note for 10 days. The insurer accepted the claim after additional review but mailed the check to an old address. After 28 days with no payment, he sent a certified written demand citing the 14‑day rule and penalties. The insurer reissued by expedited delivery and added a 15% late penalty based on the overdue amount.

Lesson: late medical documentation and bad address data compound delays.
Key action: send a written demand and verify address/bank information in writing.

If delays persist after these steps, consider the guidance in our article on denial tactics and your rights—many of the same tools help with delay disputes.

Resources and Official Links

California Department of Industrial Relations (DIR) — Official workers’ compensation information, forms, and contacts.
DWC Information & Assistance: 1‑800‑252‑7220 — Free help if your claim is delayed or denied.
DWC Form 1 (Notice of Injury) — The initial employee claim form.
Workers’ Compensation Appeals Board (WCAB) — Where to file Applications for Adjudication and penalty petitions.
California Labor Code §5402 — 90‑day rule for claim acceptance/denial.
Labor Code §4650 and §4658 — Payment timing and permanent disability schedules; related penalty rules are adjudicated by the WCAB (see also LC §5814).
Legal Aid at Work — Low/no‑cost legal help for workers.
State Bar of California Lawyer Referral Service — Find a local workers’ comp attorney.

Conclusion

If you haven’t received your first temporary disability payment within 14 days after the insurer has the necessary documentation, start the action plan: confirm your DWC‑1 was filed, call the adjuster, verify payment details, submit missing medical notes, and send a written demand. Keep everything in writing and escalate to DWC I&A and the WCAB if needed. These steps work whether you face a first check workers comp delay or you’re simply not receiving workers comp payment despite an accepted claim.

Need help now? Get a free and instant case evaluation by US Work Accident Lawyers. See if your case qualifies within 30-seconds at https://usworkaccidentlawyer.com.

FAQ

What should I do if my first check is late?

Confirm your claim number and DWC‑1 filing date with your employer, call the adjuster to verify acceptance and whether your doctor’s disability note is on file, confirm your address/bank info, and send a written demand if no payment appears within 7–10 days. If still unresolved, contact DWC I&A (1‑800‑252‑7220 via the DIR) and consider filing with the WCAB.

Do medical benefits start before wage checks?

Yes. Medical care should be authorized right away after your claim is filed, while wage checks usually follow a three-day waiting period and the 14‑day first‑payment window once disability is documented (see Rodich and Atticus).

Can the insurer wait 90 days to accept or deny?

They may take up to 90 days to accept or deny under Labor Code §5402, but you should still receive medical care meanwhile. The insurer should send timely written notices if payments are delayed, as summarized by Atticus.

How are my wage benefits calculated?

Temporary disability is typically two‑thirds of your average weekly wage, subject to state minimums and maximums that adjust yearly; review current rates via the DIR’s benefits resources. Payments usually arrive every two weeks once they start.

Do I need a lawyer to claim penalties?

You can request penalties yourself by letter and through the WCAB, but an attorney can help argue for higher percentages when the delay appears unreasonable, navigate filing, and push for expedited hearings. For guidance on whether to seek counsel, see do I need a workers’ comp lawyer?