How Long Does a Workers’ Compensation Claim Take?

December 2, 2024 | By Shebell & Shebell
How Long Does a Workers’ Compensation Claim Take?

After getting injured at work, you just want things to go back to normal. To get back on track, you might need to file a workers' compensation claim. The time it takes to get things settled down and back to life, as usual, depends on how long it takes to resolve a workers' compensation claim.

If you have suffered an injury at work, you need the help of an experienced workers' compensation attorney. Do not delay, contact a lawyer now to get the benefits you deserve after suffering a workplace injury.

Typical Workers' Compensation Claim Timeline

No case has a guaranteed timeline for resolution. However, workers' compensation cases typically follow a specific timeline. Notable areas typically present on a workers' compensation timeline include the following:

Initial Claim Processing

Every workers' compensation case starts with the initial claim process. The initial claim processing phase can take anywhere between a few weeks to several months to complete.

Medical Treatment

The time it takes to complete your medical treatment depends on the severity of your injuries. The longer that it takes to heal from your injuries, the longer your workers' compensation case will take to resolve. Many workers' compensation attorneys will advise against settling your case before you reach maximum medical improvement.

Settlement Negotiations

Your lawyer will have a chance to negotiate a settlement with the workers' compensation insurance representatives. If you participate in negotiations, then the settlement process might add additional time to the overall case, depending on how long negotiations take.

Hearing

If a hearing is scheduled, then it will take time for it to be heard by an administrative board. This process can take several weeks or months to complete.

Decision Making

After completing the initial investigation, the workers' compensation insurer typically has a set period of time to decide whether the employee or the employer was at fault for the accident.

Payment of Benefits 

If the claim is accepted, workers' compensation benefits should begin shortly thereafter, usually within a few weeks.

Final Resolution 

Settlements can also take time with negotiations that may extend over weeks or months depending on what parties are involved in the accident.

There is no guaranteed timeline for any workers' compensation case. Working with an attorney can help you use your time wisely and effectively. Contact an attorney to learn more about each step in a workers' compensation case.

How Can a Workers' Compensation Lawyer Help Me? 

Having an attorney work with you can help any time you have a legal issue arise. Having an experienced workers' compensation attorney can get the compensation you deserve after a workplace accident.

Here are some of the most beneficial ways that an attorney can help you after a workplace accident:

An attorney can explain your legal rights after an accident at work in a way you can understand. A lawyer will help by clarifying to you your rights under workers' compensation laws and work to ensure that you know what benefits you are entitled to.

Filing Claims

An attorney can properly file a workers' compensation claim. An attorney will ensure that your case is protected from any threats of dismissal for missing an important deadline.

Gathering Evidence

Some evidence can be more difficult to find than others. An attorney can gather hard to find evidence like accident reconstruction reports or expert witness testimony.

Appealing Denials

Sometimes, workers have their claims denied. If you file a workers' compensation claim and it is denied, your attorney can handle the appeals process and represent you in hearings or court.

Navigating Complex Claims

If your case involves a complicated set of facts, having an attorney work for you can help relieve some of the pressure you might feel. Hire an attorney to manage the complex claims process.

Protecting You From Intimidating Insurance Companies

Your attorney will help you throughout the claims process. Going up against an intimidating insurance company can be scary as an individual. However, having an attorney working with you can give you extra protection against insurance companies and some of the bad faith tactics that insurance companies might use to avoid paying you a proper settlement.

Offer Emotional Support 

Suffering from a workplace injury can leave you dealing with emotional fallout. An attorney working on your case allows you time to get the emotional and mental burden of surviving a workplace accident while trying

How To Manage My Workers' Compensation Claim? 

Having an attorney handle your workers' compensation claim can increase the speed of your case. Here is how an attorney can help you with your claim.

Communicate on Your Behalf

Your attorney can communicate with your employer and the insurance company on your behalf. Having an attorney speak with the parties for you can speed up the resolution of your case. Sometimes, employers and insurance companies can delay communications if the injured worker is unrepresented. However, when an attorney works with the employee, insurance companies tend to take the matter more seriously.

Collect Medical Evidence

An attorney can collect medical evidence to build a strong case. An attorney can get access to a medical expert who can help bolster the validity of your workers' compensation case.

Stay Aware of Deadlines

It is important that you remain aware of every deadline in a workers' compensation case. Missing any deadline, for example, the statute of limitations, can be fatal to your claim. Working with an attorney relieves the pressure of remembering every deadline and gives you peace of mind that your case is compliant with all applicable procedural rules.

Keep Records and Documentation

An attorney can keep your records and case-related documents safe and organized. Share your medical records, work documents, and other important information with your attorney for safekeeping.

Contact a Workers' Compensation Lawyer Today 

If you suffered an injury at work, there is no need to pursue compensation alone. A skilled lawyer can be invaluable in managing a claim while you heal. Call an experienced workers' compensation lawyer today and get started on your road to recovery.