A workers’ compensation claim allows an injured employee to receive coverage for medical costs, lost income, lost earning capacity, and other losses. To get these benefits, employees often have to negotiate with their employer’s insurance provider. Most workers’ compensation claims are resolved through private settlement. It can be frustrating as you go through this process, especially since you’re waiting for the settlement to cover the costs and losses that you are still dealing with. It can be helpful to understand how long workers’ comp cases take to settle and what factors affect this length of time.
If you’ve been injured or developed a condition because of your job duties, you may have a workers’ compensation claim. The most effective way to improve your chances in negotiations is to work with a Workers’ Comp Lawyer in Encino, CA.
In some situations, a workers’ compensation claim could have a settlement offer in only a few days after you file your claim. If your injury is minor and has straightforward damages, this may be good, and it means that you can resolve the claim quickly.
However, it’s important to review quick settlements with your attorney. Your employer’s insurance provider often has the main goal to limit liability and expenses. A fast settlement may be a sign that the provider wants you to accept a settlement that does not cover the necessary costs, or they want to avoid having to cover potential complications. You never want to accept a settlement and find yourself with excess costs in the future.
When insurance providers wait a significant period of time to offer a settlement, they may be waiting until you reach your maximum medical improvement (MMI). This could mean that you might wait up to a year or more for a settlement offer. Insurance providers may do this for different reasons:
The unique aspects of your workplace injury will affect when a settlement offer is made. Some of the factors that will affect both the amount of the settlement and when it is offered include:
Many workers’ compensation attorneys in California work on a contingency fee. If the attorney is successful in obtaining compensation for an injured employee, the attorney receives a percentage of the settlement as payment. In California, the court assigns the percentage, and it is generally 9 to 15%. The court chooses the percentage based on the complexity of the workers’ comp claim and how long it took to settle. When an attorney works on a contingency fee basis, the employee only owes them fees if a settlement is obtained.
Every workers’ compensation claim is unique, and the settlement amount relies on the factors of the claim. A claim may result in several thousand dollars or several hundred thousand. The settlement amount will rely on factors such as:
The most effective way to determine the likely settlement amount for your workplace injury is to have a workers’ compensation attorney review your situation.
If you receive temporary disability benefits, these may last up to 104 weeks, depending on the injury’s severity. For each week, you receive ⅔ of your average weekly earnings. You don’t have to receive the 104 weeks consecutively as long as you receive them all within 2 years. Temporary benefits could also last up to 240 weeks for specific injuries.
If you receive permanent disability benefits, it does not mean that the payments are permanent. They may last for several months or up to the rest of your life. You may receive permanent disability benefits if you are permanently impaired because of the workplace injury.
In California, you can settle a workers’ compensation claim through a lump-sum payment or through weekly paid disability benefits. Settling a claim effectively and to your benefit is easiest when you work with a qualified attorney. They can guide you through the entire process and help maximize the benefits you earn.
If you’ve been in a workplace accident, or discovered a developmental injury or illness, you want to work with a qualified workers’ compensation attorney. At Barry Law Group, our attorneys can help you calculate the compensation you deserve for medical costs and lost income. We know how overwhelming it can be to recover from an injury while navigating the legal claim system. Contact Barry Law Group today to see how we can support you.
Barry Law Group is comprised of attorneys and longtime staff members who are committed to the success of your legal matter. The firm understands that for most litigation is uncharted worrisome and often terrifying.