How Long Does It Take to Settle a Workers Comp Lawsuit? - When you suffer injuries while on the job, the reimbursement you are awarded is an enormous relief for your family and friends dependent on the services.
Accepting the settlement without a lawyer to expedite the process is possible. A lawyer can aid in getting the most amount of Compensation.
A typical case of worker’s Compensation can take about 16 months to be resolved. In some instances, the victim feels satisfied with the initial offer. The cases could take as little as six months to resolve. In reality, around 50 percent of claims for Compensation are resolved in between 13 and 24 months. If you’re thinking about the meaning of workers’ Compensation and why employers reject it, this article will provide an in-depth analysis of this topic.
The Process of a Workers’ Comp Lawsuit
Workers’ Compensation is a law offering financial aid for workers who suffer injury. The process workers’ compensation lawsuits follow why can take months to settle. When an accident occurs at the workplace
- The employee who was injured should inform employers of the injuries in writing, including the type of injury, the way it was sustained, the date, and the time. The deadlines for reporting injuries vary from 30 days up to 2 years, according to the location where an injured worker lives.
- Employers should supply employees with the needed documents needed to make a claim.
- The employer must file an insurance claim. A doctor for the employee may be required to provide medical exams to the insurer.
- The insurance company approves or denies the claim. If the claim is approved, the worker could receive Compensation in 30 to 60 days. In most states, the negotiation parties submit the settlement in writing to the State Board of Workers Compensation (SBWC). If denied, the workers may demand that the insurance company examine their decision or employ an attorney.
- Workers could be allowed to resume work if injuries suffered were not serious. When a lawsuit comes in, it can take a couple of years to complete.
Factors That Can Delay a Worker’s Comp Lawsuit
The actions of the employer, employee as well as insurer and lawyer’ actions are a factor in determining the amount of time it takes to settle the worker’s compensation case. A few of the elements that could delay the resolution process are:
The Nature of the Injury
An injury that takes a long time to be treated, such as a burn injury, could delay the completion of the case. It could be difficult to settle a case before a total amount of medical expenses is in place. If treatment is excessively long, a physician might estimate the future costs of medical treatment.
Taking Too Long to File a Claim
An injured worker may need time to submit an injury claim. There will certainly be settlements without notifying their employer. Employers may be unable to supply the required evidence to support an insurance claim, which is the legal stipulation. Sometimes, an insurer could deliberately hinder an investigation in the hope that the worker injured will be dissatisfied and accept lesser Compensation.
A Dispute Over the Impairment Rating
If the worker’s doctor and the insurance company’s medical examiner do not agree on the impairment rating, the worker’s compensation case could last for a long time. The impairment rating is what determines Compensation. So, it’s susceptible to review by workers and the lawyer for the insurance company.
The Nature of the Case
If the case is sent to a hearing, it could take longer to settle. In addition, workers’ compensation lawsuits that require plaintiffs to appeal typically take longer.
How to Speed Up a Worker’s Comp Lawsuit
Simple things like heeding the advice of your physician or lawyer could accelerate the resolution process. It is important to notify your employer immediately if you sustain any work-related injuries when you’re competent to notify them. Also, inform your workers’ lawyer of any changes concerning the case, which could include new physician recommendations and any messages from your insurance provider.
If you don’t have an attorney yet and you want to evaluate your workers’ compensation case with an expert for free – Contact us now.
