Employees First Labor Law

Delayed Medical Treatment in Workers’ Compensation | California

When you’re injured on the job, getting timely medical treatment is not just important—it’s your legal right. Yet, countless California workers experience unnecessary delays in care due to insurance company red tape, employer interference, or denial of needed procedures. At Employees First Labor Law, we help injured workers fight back and get the treatment they need to heal and move forward.


Is the Insurance Company Delaying Your Treatment?

Delays in care often happen because the employer’s insurance company must approve every step of your treatment plan—including doctor visits, diagnostic testing, surgery, and therapy. This process, called utilization review (UR), allows insurers to deny or delay care by claiming it’s not “medically necessary.”

Common causes of treatment delay include:

  • Refusal to authorize referrals or specialist visits
  • Denials of MRIs, X-rays, or CT scans
  • Repeated “under review” status without decision
  • Failure to approve physical therapy or pain management
  • Ignoring or delaying prescription approvals

These tactics are not just frustrating—they can worsen your injury and prolong your recovery.


What California Law Says About Medical Delays

Under California Labor Code § 4600, employers must provide all treatment “reasonably required to cure or relieve” the effects of a work-related injury. If care is delayed, they are violating this legal obligation.

Additionally:

  • Medical treatment must be authorized within 5 working days of a request unless it’s denied through UR.
  • Workers may request an Independent Medical Review (IMR) if care is denied.
  • Delays in care may entitle you to additional benefits or support a claim for penalties.

Signs You’re Facing an Improper Delay

You may be experiencing an unlawful delay if:

  • You haven’t seen a doctor days or weeks after reporting your injury
  • A doctor ordered treatment that hasn’t been scheduled or approved
  • You’re told to “wait for approval” with no timeline
  • The claims adjuster is unresponsive or evasive

How Delayed Care Affects Your Claim

Beyond the obvious medical risks, delayed treatment can also hurt your workers’ compensation case. If there’s a large gap in care, the insurance company might argue:

  • Your injury isn’t serious
  • You’ve recovered and don’t need more benefits
  • Your disability is no longer work-related

This can reduce or eliminate your Temporary Disability (TD) or Permanent Disability (PD) payments—even if you’re still in pain.


What You Can Do to Protect Yourself

Document Everything – Keep records of treatment requests, approvals, and any delays
Demand Written Responses – Ask for denials in writing so you can request an IMR
Hire a Lawyer – An experienced workers’ comp attorney can force the insurer to act and take them to court if they don’t



How EFLL Helps Injured Workers Get the Care They Deserve

At Employees First Labor Law, we don’t tolerate delays in care. Our legal team fights back against insurance company games and employer negligence. We:

  • Demand immediate authorization of medically necessary treatment
  • File for penalties and sanctions if care is unreasonably delayed
  • Represent you in hearings before the Workers’ Compensation Appeals Board (WCAB)
  • Coordinate with your doctors to support your recovery and protect your case

We Put Injured Workers First—Always

If you’re tired of waiting for medical care or being ignored by the insurance company, don’t go it alone. Contact EFLL today. We’ll fight to get you the care you need and the compensation you’re owed.

📞 Call now or visit our Workers’ Compensation page to schedule a free consultation.
📩 Submit Your Case Confidentially


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