How long does a workers comp case take to settle in california

Workers’ compensation cases are complicated to resolve and are based on the specific circumstances of your injury. Some injuries are easy to settle, but others can be complicated.

The average settlement time for workers’ compensation cases is six and a half months from when the claim is opened and filed with the insurance company.

This article will discuss how long workers’ compensation cases take and factors into the settlement process.

Workers' Comp vs. Personal Injury Settlements

Workers’ compensation settlements are different from traditional personal injury settlements, in that they are based in part on the total time off work due to the injury.

In a traditional personal injury case, the payout is based on medical bills and property damage. On the other hand, in a workers’ compensation case, the payout also includes money for the time missed because of the injury.

However, a workers’ compensation case is shorter than a typical personal injury case, allowing for a faster settlement. That’s because, in a workers’ compensation claim, the insurance company is looking at the medical records in determining what percentage of the disability is due to the accident. The court process is not involved in a workers’ compensation claim.

Workers' Compensation Settlement Without a Lawsuit

If a workers’ compensation case is settled without a lawsuit, the timeframe may be shorter than a traditional personal injury case.

Workers’ compensation cases typically settle between three and six months after the claim is filed. However, if the injured worker has third-party liens, such as a medical bill lien, then the case can take longer to settle.

A medical bill lien is a detailed list of bills sent by the billing company to the injured worker. The injured worker includes this in the filed claim with the workers' compensation insurance company.

The insurance companies will then request the medical bills from the billing company after the claim is filed with the insurance company. This can delay the settlement process.

Settlement Negotiations

For every workers’ compensation case, there are a lot of back-and-forth negotiations between the injured worker’s attorney and the insurance company. Negotiations can take weeks or even months. The longer the negotiations take to reach an agreement, the longer the case takes to settle.

The settlement process can be challenging, and the injured worker and their attorney should consider the options and decide what is best for their case. It may be possible to settle before a lawsuit is filed with a workers’ compensation insurance company.

Regardless, each case is different, and the amount of time it takes to settle a workers’ compensation claim varies based on the specifics of each case.

Insurance Company

Workers’ compensation settlements can vary based on the type of insurance company paying the claim. For example, a company with a larger insurance pool will take more time to settle a workers’ compensation claim because they have more money to cover the settlement. On the other hand, a small insurance pool will pay less and settle quicker.

Lump-Sum Settlements

A lump-sum payment, which is a one-time payment, may not be faster than a structured settlement. However, a structured settlement will be paid out in a series of payments over time. A structured settlement will be a set dollar amount per month, which the injured worker and the attorney may be able to negotiate a larger payment than a lump sum payment.

The Bottomline

The time it takes to settle a workers’ compensation case varies depending on various factors. The time frame is shorter than a traditional personal injury case because there is no court process involved. However, this may not be quicker than a structured settlement, which is paid out over time. Regardless of the time frame, injured workers and their attorneys should be aware of the specifics of their case and the possible outcomes.

Hire only the best California workers compensation attorneys today. Pacific Workers’, The Lawyers for Injured Workers, can help you out. We have offices in Oakland, Tracy, Concord, San Jose, Stockton, and Sacramento. Contact us at 800-606-6999 and get a free consultation.

When you are injured at work and file a workers’ compensation claim, the settlement must be approved before it becomes official. It’s important to note that if you are an employee hurt at work, you probably have a right to workers’ compensation benefits. You also deserve fair compensation that covers all your damages as you recover, and hiring a lawyer can help protect your rights.

The entire settlement process—from filing your claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

If you do not have a lawyer, do not have a permanent disability, and do not end up negotiating for your settlement, the timeline is typically around 12-14 months. With a lawyer, the settlement process typically takes a little longer—around 17-18 months. If you and your lawyer negotiate a workers’ compensation settlement, it can take around 20% longer to settle—but with a more favorable outcome.

Negotiation means you are seeking more money than the initial offer—which is rarely enough to compensate you for your injuries and damages.

How Does Negotiating a Workers’ Compensation Settlement Work?

When you bring a workers’ compensation case after a work injury, the insurance company might offer payment for medical bills and disability. You can choose to accept the offer, or you can seek a settlement to cover more of your damages.

To reach a fair settlement, you will need to negotiate with the insurance company. It’s best to have a workers’ compensation lawyer to help with this, as it’s very difficult to (successfully) go up against workers comp insurance companies alone. You will need to work with an attorney who specializes in workers’ comp claims and understands what goes into them.

Steps in a Workers’ Compensation Settlement

Here is how it works:

• Your lawyer drafts a demand letter (approved by you) to send to the insurance company. This letter includes the settlement amount you will require to settle the case.
• When the insurance company receives the letter, they will make a counteroffer, and negotiations will begin.
• You and your lawyer will negotiate back and forth with the insurance company. If negotiation is successful, you will soon receive your payment.

How the SBWC Review Process Works

Before your settlement can become final, it must be sent to and approved by the State Board of Workers Compensation (SBWC). The settlement will be reviewed during a workers’ compensation hearing where a hearing officer or judge will look over the settlement, make sure you understand it, and ask if you agree with the amount. A settlement may be rejected if the officer or judge believes you aren’t being awarded a large enough settlement.

You will need to make sure you are absolutely sure of the settlement amount, as you normally can’t make changes once the SBWC has approved it. This is why it’s so crucial that you work with an experienced workers’ compensation lawyer.

What Factors Affect How Long it Takes to Negotiate and Settle a Workers’ Comp Claim?

When calculating how much you think your workers’ compensation settlement should be, you and your lawyer will need to consider factors like:

• All medical costs, including treatment expenses, doctor visits, hospital stays, and ambulance rides
• Any future treatment costs, including physical therapy, surgeries, and prescription medication costs
• Lost wages and changes to future wages
• Whether or not you are facing a disability from your injuries
• Local workers comp laws

Unlike other injury claims, workers’ compensation claims are not related to pain and suffering damages.

Insurance Companies May Delay Their Response in an Attempt to Derail Your Claim

The response time of the insurance company and your employer can also affect the full amount of time it takes to negotiate and settle a workers’ compensation claim. Insurance companies will sometimes delay sending you an offer or answering your inquiries. They may hope this encourages you to accept a smaller claim and settle the case sooner.

It can also take longer to negotiate if you are still receiving treatment for your injuries. Your lawyer will want to ensure any future medical costs are accounted for, so they might wait until a doctor can determine your maximum medical improvement before deciding on a fair settlement.

Contact Our Workers’ Compensation Attorneys for Free Today

John Foy & Associates has been helping injured workers win the settlement they deserve for over 20 years. We will support you through the entire process and make sure your rights are upheld. To schedule a FREE consultation with one of our experienced and compassionate workers’ compensation lawyers, call us at (404) 400-4000 or contact us online to get started.

Call or text 404-400-4000 or complete a Free Case Evaluation form