You have done everything right in pursuing your workers’ comp benefits – you reported the injury on time, you received medical attention, was compliant with the doctor’s recommendations and treatments, and you have submitted proper paperwork, including your time-off due to the injury – yet the insurance company or (self-insuring employer) is withholding your benefits.
According to California Labor Code Section 3700, all California employers, regardless of the size of the employer or number of employees, must provide workers’ compensation benefits to their employees. As long as everything is documented and authorized by a medical professional, California workers’ compensation insurance pays for all medical expenses related to the injury.
Although workers’ comp laws provide remedies to injured employees, they also protect employers from fraudulent claims. However, if you believe your employer is withholding your benefits, this may be an instance when legal action must be taken against your employer. Employers who fail to provide workers’ comp benefits can result in fines and criminal prosecution.