The employer has up to 90 days to investigate a disputed claim before either accepting or rejecting liability. How do I survive in the meantime?
If the employer puts a case on “delay” and is utilizing some or all of the 90-day investigation period, the injured worker can seek State disability benefits from the Employment Development Department (EDD) after indicating to EDD that the worker is attempting to obtain workers’ compensation but the case is either on delay or has been denied and pending a hearing. The same concept is true with regard to medical treatment; if the employer is delaying or denying medical care, the injured worker can utilize his or her own medical health insurance to provide the benefits in the meantime. If the worker has no health insurance to provide the care, the employer must pay for treatment up to $10,000 during the delay period.
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