This blog was updated on June 9, 2025.
If your workers’ comp check is late, don’t wait—take action by contacting your claims adjuster, speaking with a workers’ comp lawyer, and verifying your medical paperwork. Delays are common, but you have the right to timely benefits.
Common Reasons for Delayed Workers’ Comp Payments
Delayed checks happen more often than you'd think. While it's frustrating, it’s often due to reasons beyond your control. Here are a few possible causes:
Your injury may have been mistakenly reported as a non-injury.
The insurance company may need to investigate or interview you.
Your employer's insurance carrier may question whether you can return to work.
The insurer may simply be trying to minimize payouts.
Don't assume a delay means you should give up. Taking action early protects your rights and speeds up your payment.
Step-by-Step Guide: How to Respond to Payment Delays
1. Talk to Your Insurance Adjuster
Before escalating, reach out to your insurance adjuster. Ask directly why the check is late. Common reasons may include:
Delayed or missing medical reports
A change in your disability status
Administrative issues or errors
Take notes on the conversation, including names, dates, and any next steps.
2. Contact a Workers' Compensation Attorney
If your adjuster can’t give you a clear answer or continues to delay, it's time to call an attorney. A workers’ comp lawyer can:
Help you appeal a delayed or denied claim
Ensure your claim is properly filed
Represent you in negotiations or hearings
3. Speak with Your Health Care Provider
Your health care provider’s reports impact how benefits are calculated and paid. Make sure they:
Provide clear documentation of your work restrictions
Submit medical updates to the insurer in a timely manner
4. File a Complaint with WCAB
If the delay continues despite your efforts, you can file a complaint with the Workers' Compensation Appeals Board (WCAB). You may be eligible for:
Penalties and sanctions against the insurer
A hearing with a workers’ comp judge
Retroactive payments for delayed checks
5. Go to Court if Needed
A motion or complaint won’t always trigger payment automatically. If necessary, appear in court to enforce your rights. A workers’ comp lawyer is critical at this stage to:
Present your case clearly
Advocate for full compensation
Push for penalties, if applicable
6. Negotiate a Settlement
In some cases, negotiating a lump-sum settlement can bring resolution. A lawyer will help you:
Understand your full claim value
Negotiate with the insurance company
Avoid accepting a low offer
A fair settlement can help you move forward with financial stability.
The Bottom Line: Your Claim Matters
If you’ve been injured on the job and your benefits are delayed, don’t wait it out. Delays in workers’ comp checks are common, but you have the power to take action. Start by contacting your adjuster, then talk to a lawyer to get the benefits you need and deserve.
Pacific Workers’, The Lawyers for Injured Workers, proudly represents injured employees across Northern California. Call (800) 606-6999 today for a free consultation.
Frequently Asked Questions
When should I contact a workers' comp lawyer?
As soon as you notice payment delays, feel overwhelmed, or suspect your claim isn’t being handled fairly.
What do workers’ comp lawyers charge in California?
They typically work on a contingency fee basis—meaning they only get paid if you do, usually up to 15% of your benefits.
Can I change my workers’ comp lawyer?
Yes, you can change attorneys at any point during your case if you’re not satisfied with your current representation.
About the author
Bilal Kassem President and Co-founder
Bilal Kassem has been helping injured workers' recover their lost wages, permanent disability payments for over a decade. He ensures each client is guided through the challenges of delayed workers’ compensation decisions in California. He understands how frustrating and uncertain these delays can be that is why he helps with practical strategies and timely legal action. His expertise helps clients regain control and ensures that unnecessary delays don’t stand in the way of rightful benefits and support.