Workers Compensation settlement check is late!

You would be entitled to interest at 10% per annum. The insurance company should add in an automatic self-imposed penalty under Labor Code. In addition, you may be eligible for a Labor Code 5814 penalty for being late of up to 25%. If you have an attorney on the case, they would have to pay your attorney fees in addition to your money. Good luck.

The only thing I'd add is you take the amount due, multiply that times .10... divide by 365, and you get the DAILY INTEREST rate. FOR EXAMPLE... If you were due $10,000, the interest for a whole year of waiting would be $1,000 but you haven't had to wait that whole year, so you divide that $1,000 by 365 for a daily interest due of $2.74/day. When the demand goes out, you insist on the daily interest up to the date the check is expected to arrive plus the 10% PENALTY... get BOTH the Penalty AND the Interest. Most folks think they get an entire year of interest up front so I thought you should see how the math works. AND!!! if your attorney has to file for a hearing to get the insurer just to comply, the attorney can get attorney's fees as sanctions... DON'T LET THE ATTORNEY take a nickel of your penalty or your interest. PLUS, if your attorney's check was late too YOU GET the penalty on the Attorney's Check, NOT the attorney! the attorney gets sanctions against the insurer for payment time spent collecting BUT YOU GET THE PENALTY ON THE ATTORNEY's late check!!! Hope that helped.