If luck is on your side, your workers compensation claim may only take a few days or weeks to get settled. But that’s more like the exception than the rule. In most cases, getting a workers compensation settlement can take anywhere from 2 months to 2 years. That’s quite a wide range, you may say. That’s because there are a lot of factors affecting the workers comp settlement process. Hence, how long a workers comp settlement takes really depends on each individual case.
To give you a better idea of your workers comp settlement timeline, here’s a quick guide on how workers comp settlements work.
The Workers Comp Settlement Process
The workers compensation settlement process will begin the day you filed your claim. So if you want to receive your settlement check sooner, you need to file your claim immediately after the accident. Or on the day you’ve known about your disability.
Once your claim is filed, the insurance company will examine the merits of your claim. They’ll look at your medical reports as well as any proof that the accident happened at work. If there are any doubts, they may also conduct an investigation of their own.
If they are satisfied with your claim, they’ll offer a settlement amount. This is where the negotiation will start. When both parties agree to the amount and terms of the settlement, your benefit check will soon follow. You can usually choose whether to receive your benefits as a lump sum or in installments. If no agreement is reached, you can take your case to court.
When workers compensation claims are appealed in court, it can take up to 6 months or even two years before you’ll get your settlement. But prior to the formal proceedings, you and your employer will have to go through a mediation process with a state-appointed mediator. If you still can’t agree on a settlement at this point, a pre-trial hearing will be scheduled followed by a formal court hearing with the administrative law judge. After the hearing, you will have to wait for the judge’s decision which usually takes about three months.
Factors Affecting Workers Comp Settlement
As mentioned, there are a variety of factors that can affect how long a workers compensation settlement takes. This includes:
1. The nature of your disability
In most states, workers comp benefits follow a no-fault system. This means that it doesn’t matter whose fault the injury is. As long as it happened in the workplace, you can claim workers comp benefits. If your injury is caused by a car accident while you’re at work, it’s pretty easy to prove that your disability is work-related.
But the same cannot be said for disabilities that accumulate over time. Carpal tunnel syndrome, for example, is usually caused by repetitive motions like typing or any wrist movements that you do over and over again. With these types of disabilities, you’ll need strong evidence to prove that it happened because of your job. And gathering these pieces of evidence plus defending them against your employers can take some time.
2. Your medical evidence
How soon you’ll get your settlement check also depends on how soon you can get medical evidence. In most states, workers comp law requires that your treating physician is accredited by your insurance carrier. Otherwise, you won’t get your benefits. If your injury is complicated, it may take several tests before the doctor can make a full diagnosis. As such, it may take some time before you can get the medical evidence you need.
3. The severity of your injury
When you opt for a lump sum settlement, the amount will usually include lost wages compensation. If the severity of your injury makes it very obvious that you can’t go to work for months or years, it’s easier to compute lost wages. As such, the overall settlement amount will be much easier to determine. But if there is doubt as to the severity of your injury, or when you are expected to recover, it may take a while before you can reach a settlement amount that’s agreeable for both sides.
4. The insurance company’s decision on your claim
If your employer or workers comp insurance provider denies your claim, you’ll need to take it to court. As mentioned, the court hearing process can drag on for up to two years before a decision is reached. This, of course, will prolong the settlement process.
But if your insurance provider approves your claim right after you filed it, that can significantly speed up the settlement process.
5. Whether or not you got a lawyer
If you have an experienced workers comp lawyer like Victor Malca by your side, getting a workers compensation settlement will be much easier and faster. For one, they have handled many workers comp cases like yours before. As such, they’ll know what evidence to present so your insurance provider has no choice but to approve your claim.
Plus, since they know the law, they also know how much settlement you should receive. So they can negotiate a much more favorable settlement amount with your insurance provider.
Should You Agree to a Settlement Right Away?
While it’s convenient to agree to a settlement as soon as possible, it might not be the best course of action. This is especially true if you’re agreeing to a lump sum settlement.
You see, when you agree to a settlement, you may not be able to receive any other benefits after that. If your money runs out before you can get back to work, making ends meet can be tough.
Besides, if your condition takes a turn for the worse, you can’t expect any medical benefits anymore. You’ll have to pay for medical benefits out of your own pocket. Though, in some states, insurance companies still have to pay for medical benefits even after a settlement is paid.
If your financial situation allows you to wait it out a little longer, it’s best to wait until you have reached maximum medical improvement. If not, just make sure you’re not getting the short end of the stick. Though the best thing you can do right now is to hire an experienced and competent workers compensation lawyer for you to get the benefits you rightfully deserve.
(Related: How Much Permanent Partial Disability Settlement Should You Get?)
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.