San Diego | Chula Vista | Oceanside | Carlsbad
hollingsworth logo full one

Late Payment of Workers’ Comp Benefits – California Penalties

Late Payment of Workers’ Comp Benefits - California Penalties |2H Law

In California, the penalty for late workers’ compensation payments is a matter strictly governed by Labor Code 5814. Employers are mandated to provide workers’ compensation insurance, and any delay in workers’ comp benefits can lead to severe consequences. Labor Code 5814 outlines penalties for such delays, which may result in financial repercussions for employers. These penalties can include fines and additional compensation owed to the injured worker.

Not having workers’ compensation insurance is also subject to penalties in California, potentially resulting in substantial fines and legal consequences. To ensure compliance and avoid penalties, employers must stay current with workers’ compensation rates in California, typically calculated per $100 of payroll.

A workers’ comp penalty lawyer at Hollingsworth & Hollingsworth APC law firm can help you navigate the complex legal landscape, ensuring that your rights are protected and any penalties are appropriately addressed.

What is the fine for not having workers comp insurance?

Lack of workers’ compensation insurance might result in hefty fines. To safeguard their workers from accidents at work, employers are legally compelled to offer this insurance. Penalties and fines may apply if this is not done. In accordance with a multitude of aspects, such as the scope of the firm, the sheer volume of workers, and the extent of the misconduct, various fines may be charged.

The normal range of fines is from a few hundred to a few thousand dollars, but penalties may increase for multiple or repeated violations. Furthermore, omitting workers’ compensation insurance might expose firms to lawsuits and the risk of litigation against injured workers, both of which might result in heavy financial penalties.

Take a look at the penalties explained in California legislation for late payment of workers’ comp benefits:

  1. Penalties for Late Payment (Labor Code Section 465):
    According to this section, a 10% penalty may be imposed on the outstanding amount if temporary disability benefits are not paid on time.
  1.  Penalty for Late Payment of Permanent Disability Benefits (Section 5814 of the Labor Code):
    According to this clause, if permanent disability payments are not provided within 14 days of the date of the final payment of temporary disability benefits, a 25% workers compensation penalty may be applied to the unpaid benefits.
  1. The penalty for serious and willful misconduct (Labor Code Section 5814.5)
    If an employer is determined to have participated in serious and willful wrongdoing that led to the late or non-payment of workers’ compensation claims, additional fines may be imposed. A punishment of up to 25% of the entire compensation given may be imposed.

How do lawyers at 2H Law firm argue in the California judiciary for the CA late filing penalty case with regards to workers’ comp benefits?

Lawyers for workers comp penalty arguing a late filing penalty case typically emphasize the facts and circumstances surrounding the late filing. They may present evidence showing valid reasons for the delay, such as medical issues or unforeseen circumstances, to establish a legitimate basis for leniency. Additionally, lawyers may argue that the penalty is disproportionate to the violation and request a reduction or waiver. They may also point to compliance efforts post-delay to demonstrate good faith.


In the realm of late filing lawsuits against the penalty for late workers’ comp benefits in California, securing adept legal counsel is not just a wise choice—it’s a necessity. Contact Seasoned attorneys  2H Law Firm at (619) 374-9320 possess the expertise to craft persuasive arguments, striving for equitable outcomes. Don’t navigate these challenges alone; entrust your case to our skilled team to champion your cause effectively and ensure a fair resolution within the California legal framework. Your future financial well-being may depend on it.

H & H Workers' Comp & PI Law Firm

If you are unable to come to us, we’ll come to you. You can focus on healing and let us help you to get your deserved compensation.

Free Case Evaluation