Dealing with a delayed workers’ compensation decision in California can be stressful and financially draining. Delays often occur due to administrative backlogs, disputes over claims, or incomplete documentation.
Fortunately, there are steps you can take to address these setbacks and advocate for your rights. Below are five effective strategies to manage delayed workers’ comp decisions in California.
1. Consult a Workers’ Comp Attorney
Hiring a California workers’ compensation attorney is one of the most reliable ways to expedite your case. Attorneys understand the state’s complex legal processes and can pressure insurers or employers to act promptly. They can also file appeals or petitions on your behalf if delays persist.
2. Contact the Division of Workers’ Compensation (DWC)
The California Division of Workers’ Compensation (DWC) oversees claims and can intervene in cases of unreasonable delays. Submit a formal inquiry or request assistance through their online portal. The DWC may schedule mediation or hearings to resolve the issue faster.
3. Request an Expedited Hearing
If your claim has been delayed for over 60 days, you may qualify for an expedited workers’ comp hearing under California law. Your attorney can file a Declaration of Readiness to Proceed to push your case to the front of the queue.
In California’s Workers’ Compensation system, the DOR form is submitted by a party—often an injured employee or their legal representative—to advance a case and request a hearing with the Workers’ Compensation Appeals Board (WCAB).
Purpose of the DOR
This form is used to:
- Schedule a Mandatory Settlement Conference (MSC)
- Arrange a Status Conference
- Seek a Priority Conference
- Set a Trial date
- Request other procedural hearings
When to Submit a DOR
- After completing discovery (e.g., gathering medical records, QME reports)
- If disputes remain unresolved through informal negotiations
- When judicial intervention is needed to settle the case or issue a decision
Form Details
- Official Title: WCAB Form DWC-CA-10250.1
- Download: Available on the CA DWC website.
Submission Process
1. File the form with the relevant WCAB district office.
2. Provide copies to all involved parties (serving).
3. Await a notice of hearing date from the WCAB.
4. Document Everything
Keep detailed records of all communications, medical reports, and deadlines related to your claim. This documentation strengthens your case if you need to prove unreasonable delays to the DWC or a judge.
5. Appeal the Decision (If Denied Post-Delay)
If your claim is denied after a prolonged delay, file an appeal with the Workers’ Compensation Appeals Board (WCAB). Ensure you meet California’s strict deadlines (typically 20 days post-denial) to preserve your right to challenge the decision.
FAQ Section
Q: How long do workers’ comp decisions take in California?
A: Most decisions should be made within 90 days of filing a claim. Delays beyond this period may warrant legal action or DWC intervention.
Q: Can I get compensation for a delayed workers’ comp decision?
A: Yes. If the delay is deemed unreasonable, you may recover penalties (up to 25% of the benefits owed) under California Labor Code §5814.
Q: What if my employer delays reporting my injury?
A: Employers in California must report injuries within 5 days of notice. Delays can result in fines, and you can escalate the issue to the DWC.
Q: How soon can I request an expedited hearing?
A: You can request a hearing 60 days after filing your claim if no decision has been made.
Q: Will I receive benefits during the delay?
A: If your claim is approved retroactively, you’ll receive back payments. For ongoing delays, consult an attorney to explore interim solutions.
Final Tips
Stay initiative-taking, leverage California workers’ comp resources, and never hesitate to seek legal help. Delays are common, but persistence and knowledge of your rights can ensure you get the benefits you deserve.
About the author
Bilal Kassem President and Co-founder
One of Bilal’s standout strengths is guiding clients through the challenges of delayed workers’ compensation decisions in California. Understanding how frustrating and uncertain these delays can be, Bilal equips injured workers with practical strategies, timely legal action, and the reassurance they need during these waiting periods. His expertise helps clients regain control and ensures that unnecessary delays don’t stand in the way of rightful benefits and support.