Starting on the day the insurance doctor says you will be out of work temporarily, the insurance company has a limited time to start benefits. There can be a penalty when they take longer. There are board rules to follow, including filing certain forms with the State Board. These forms act as evidence that the weekly benefits may begin. You want a lawyer's help to file everything properly. Determining the weekly disability rate The employer files an injury form that lists the employee's 40-hour wage rate, but this rate is not always accurate. If the employee wants their correct wages on the form, they might have to pull records for the recent weeks of wages they earned before the injury. The employee must relay this information to the claims adjuster as soon as possible. When that happens, the adjuster, by law, must re-do the injury forms with the correct wage rate. That way, the employee can receive a higher benefit rate of pay.