The length of time it takes to reach a workers’ comp settlement varies for each specific case. Not every workers compensation case ends in a settlement. It’s important to keep in mind that workers’ compensation settlement is a different type of settlement compared to a personal injury settlement. Workers’ compensation cases are very different from personal injury settlements, which is why it’s important to keep the two types of cases separate.
Why Some Settlements for Workers’ Comp Are Denied
In the majority of personal injury cases, the injured party tends to receive their payment in a lump sum up front. However, this isn’t the same with a workers’ compensation case. When you’re injured at work and the workers’ compensation insurer accepts your claim, they’re paying for your care as you go. The insurer is paying you weekly for your wage loss, your medical providers as you go to appointments, for partial disability, a vocational person to provide assistance and reimburses all of the mileage you travel to go to doctors appointments.
The pay-as-you-go system for a lot of workers’ compensation cases leave little for an injured worker to worry about covering by the time they’re ready to go back to work. However, that doesn’t mean you aren’t interested in seeking a settlement for your injuries. Part of the settlement process requires you to give an estimation of the value of your future wage loss. Knowing if you’re going back to work in the near future or if you’re never going to be able to work again due to your injuries will help your attorney to know how much to seek out in your settlement.
From the insurer’s perspective, they’ve paid for all of the care required and aren’t interested in paying a settlement since you’re back at work. That’s why it’s so important to seek out a team of experienced workers’ compensation lawyers to help you fight for the settlement you deserve.
When it Makes Sense to Receive a Workers’ Comp Settlement
Some workers’ comp requests are denied by the insurer. If you’re out of work, your attorney will file a claim petition due to the loss of wages. The claim petition can take up ten months to get to a hearing. Once your savings are gone and you’re out of places to borrow money from, economic distress can come into play when attempting to receive a workers’ comp settlement.
Insurers may settle in cases where there’s obvious economic distress for the injured party. Other times, there are certain cases where it makes the most sense for the workers’ comp insurer to settle the case. This is often seen in cases that are litigated several times, with a different problem every time.
When You Can Seek Out a Workers’ Comp Settlement
Not many injured workers know this, but a workers’ compensation case can go to court several times. If you’re in a situation where your workers’ comp case is in and out of court for different problems, you can connect with your experienced workers’ compensation team to see if it makes sense to receive a settlement. You can even approach your attorney to see if settling your case or asking your attorney to represent you as you’re seeking to receive a workers’ comp settlement.
Receiving a Workers’ Comp Settlement With an Experienced Team
How long it takes to receive a workers’ compensation settlement really depends on the details surrounding your case. Before seeking out settlement, it’s important to know if you’ve received all of the treatment you need to care for your injury and understand what your future looks like after an injury.
If you’re interested in seeing if your injury qualifies you for a workers’ comp settlement, contact Mottaz & Sisk Injury Law today.
