Legal Question in Workers Comp in California
10 % late penalty
My $50,000 w/c settlement was post dated 4 days after the 25 days allowed.
It put me in a bad position,I had purchased a $24,500 car,cash 2 days before money was due, I told car dealer I would bring cash within a few days,and drove home the car,
needless to say they called every other day,saying ''where's the money'', I had to stall
for 1 1/2 weeks. Labor Code 5814 states I'm due a 10% penalty ($5000) if later than
25 days. Is there ANY reason why they would not have to pay this? They would like to
negotiate the fee. I would like them to pay me the whole amt. Do insurance co. make
a habit of paying late because no one goes after the late fee? Are there any stats
to tell me the % of claims that get the 10% if I take it in front of the w/c appeals board? The paper work has already been filed. Thank you very much for your time
and information
1 Answer from Attorneys
Re: 10 % late penalty
Yes, you are correct the insurance company probably owes you a 10% penalty. However, there are a few exceptions. It is common for the insurance companies to attempt to settle the claim for less than the potential value.
Laurie Allread
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
