The Labor Commissioner’s Office is a state agency that makes decisions on claims for unpaid wages in California. It imposes minimum labor standards to make sure that employees are not permitted to work under unlawful conditions. The employers are required to meet certain minimum requirements before they can employ people.

Step 1 – Prepare to file

The claim must be filed within a specific period of time. Employees, therefore, need to check the deadlines. It is vital to identify all employers and gather any documents to prove the claim and if possible identify any property an employer owns in case the employer refuses to pay. The employee must know the legal steps.

Step 2 – File a claim

Complete and file (with supporting documents) the “Initial Report or Claim” with the Labor Commissioner District Office that handles wage claims for the city where an employee has worked. This form is available at any of the office locations and at the agency’s website.

It is vital to attend the settlement conference or the claim may be dismissed.

Step 3 – Settlement conference

For most claims, it is vital to attend a settlement conference, where a Deputy Labor Commissioner will try to help reach a settlement agreement for the payment.

Step 4 – Prove claim at hearing

If the agreement is not reached during the conference, then the claim will move to a hearing. During the hearing, both an employee and employer will testify under oath and submit evidence.

Step 5 – Review the decision and get help if employer appeals

At the hearing, a decision will be made which is called an order, decision or award (ODA). It explains the decision and the amount that must be paid, if any. Appeals must be filed within 10 days. If neither of the parties’ appeal, the decision will become final and enforceable as a court judgement.

Settlement – when an employee enters a settlement agreement, they agree to end the claim and accept employer’s offer to pay.

FAQ

Am I eligible to file?

Yes, California labor law protects all workers regardless of immigration status.

Do I need a lawyer?

No

Where can I find further information?

At your local Labor Commissioner’s office or ask a non-profit organization.

When will I receive my unpaid wages?

It depends on the case as many claims settle and employees receive their settlement either when they sign the settlement agreement or based on an agreed date.

If the case does not settle, the process may take several months.

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A workers compensation lawyer will work with you through the claims process. If an employee is injured while on the clock, the employer’s insurance should provide financial protection for the individual. However, a claim must be filed, and the insurance company must approve the claim for the individual to receive this coverage.

Though the process is strictly regulated, it is still possible for individuals who are in need of such claims to be denied coverage. That could mean you are paying thousands of dollars in medical bills because of a mistake somewhere in this process. An attorney can help you to avoid those complications.

The Employer Didn’t File the Claim

Though it is not legal for them to do so, some employers will not file such claims and will offer to pay out of pocket for such types of medical issues. The problem with this is that it does not protect the injured individual. Without a paper way, there is no way for you to prove that you were injured on the job. That is a significant risk for you to take. Rather than do this, work with a workers compensation lawyer to get the type of protection you need to avoid this kind of problem.

The Insurance Company Denied The Claim

It is common for individuals to make mistakes during the filing process and for the insurance company merely to deny coverage. You do not qualify for such levels of protection in some instances. For example, if you are facing concerns related to a claim that you have no evidence for, it may be hard to prove your case. However, with the help of attorneys, you may be able to get the help you need finally.

If you have been denied, it will be up to you and your attorney to petition for an appeal. This is done through a specific method. If you were missing information or otherwise limited terms of evidence, you would need to correct that problem before trying to file your claim again. The attorneys will help you to gather such information. If the claim is further denied, it might be necessary to take the process to court for further exploration of your risks to compensation.

There is no doubt that this process can be a challenge. However, there is help available. With the aid of an attorney, you can finally get the compensation you deserve. The key is to hire a workers compensation lawyer as soon as possible. Putting it off could obligate you a lot in the long term.

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