Did you get injured recently at work? If your answer is, sadly, yes, you’re entitled to a workers’ compensation settlement.
This settlement can help you cover the medical bills and any lost earnings. Yet, most workers’ primary question is: When will workers’ comp offer a settlement?
It varies wildly, but most employees receive their settlement within six months. However, this doesn’t apply to everyone, and the timeframe can vary depending on several factors.
So, today, I’m here to help you understand the intricate details of the workers’ compensation insurance program and how long it usually takes to get your check. Let’s begin.
What Is a Worker’s Compensation Settlement?
Whether working from the safety of a cozy office or out on risky construction sites, you can never be too safe from injury. Thankfully, that’s where the workers’ compensation settlement programs come into play.
This is an agreement between you and your employer’s insurance company. While the agreement won’t precisely reverse the damage, it outlines a lump sum or structured payments to cover your medical bills, lost wages, and other related expenses that may occur.
The settlement is meant to provide financial support as you heal and compensate you for any long-term impacts that could affect your ability to function or work properly.
Settlements don’t all look the same, but there are two primary forms: lump sum payments and structured payments. As you can tell by their names, one is helpful for immediate expenses or, if you prefer, a clean break from the entire claims process.
On the other hand, structured payments offer a steady stream of income over a set period. Of course, the procedures for either can vary but not too intensely, and the choice between either depends on your needs.
How Long Do You Have to Wait for the Settlement Money?
The biggest question in this process is, “When will my workers’ comp settlement come through?”
Sadly, the main problem here is the timeline for this process can vary, and you can receive the settlement at any time throughout the case.
The outline of the settlement process usually starts with the injury report. From that point, you start getting medical treatment, file your claim, and patiently wait for the insurance company to review all the papers.
Most workers get paid after reaching the maximum medical improvement (MMI) point or within six months. Still, this is just the average—with the chance it can stretch from a few months to over a year, depending on several factors.
For instance, the MMI point is when your doctor decides your condition is much improved or stable and won’t need further significant treatments.
Naturally, the severity of your injury plays a crucial factor here. More severe injuries require extensive care, treatment, and recovery time that delay reaching the MMI point and the set element.
In short, for minor injuries, you might see a settlement offer within the first six months after reaching MMI.
For more complex cases, like those involving surgeries or long-term disabilities, it could take a year or more.
How to File for the Settlement?
Now that you know how long the settlement process can take, you must learn how to file for one.
This is particularly vital as some elements here can further delay the procedure. Here are the main steps you need to know:
Step 1: Notify Your Employer Immediately
When you’ve been injured at work, alert your supervisor immediately. This isn’t a simple courtesy to let the boss know what happened; it’s a crucial first step!
Inform your supervisor about what happened, including where, when, and how the injury occurred.
Sometimes, you have as little as one month to report the injury in some states, so don’t take too long! Also, ensure you keep a written record of your notice, including the date and details of your injury.
Step 2: Ensure Your Employer Sends Their Report
While there isn’t much for you to do within this step, it’s still essential to monitor. After you’ve informed your boss of the injury, they must send a Report of Injury to the workers’ compensation division.
Remember that this report isn’t your actual claim and won’t get you the settlement. This report is a form of official documentation of the incident to the state and the insurance company.
In this step, you can make sure your employer follows through with the required steps promptly, as it’s a legal requirement in most states.
Step 3: Proceed With the Medical Evaluation
In this step, you’ll be well on your way to receiving a medical evaluation and starting proper treatment. All you have to do is follow the treatment plan closely and keep all medical records you receive.
It’s also crucial not to miss any medical appointments and follow the doctor’s advice meticulously. If you need a second opinion, consult your state’s workers’ comp laws to see if that option is available.
Step 4: Submit Your Claim
This step happens while you’re getting your medical evaluation. Some workers like to do it themselves, but I’d strongly recommend letting an attorney handle the legal part of the process.
This is mainly to guarantee all paperwork is correctly filled out and submitted to the appropriate state agency.
Your claim will include details of your injury, the medical treatment received, and the impact on your ability to work. Double-check all details before submission to avoid errors that could slow down the process.
Common Mistakes to Avoid During the Filing Process
Filing legal paperwork can be tricky, and mistakes can slow or jeopardize your process. So, here are some common pitfalls to steer clear of:
- Delaying Notice: Don’t take long to notify your supervisors of what happened to you. If possible, do it immediately. Waiting can often lead to doubts about the injury’s legitimacy and complicate your claim.
- Incomplete or False Forms: Before filling out any form, cross every T and dot every I. When the forms contain false information or are simply missing, they can lead to delays and confusion.
- Ignoring Medical Recommendation: Another thing you shouldn’t do is skip doctor’s advice or treatment appointments. Such information could be easily held against you to indicate your injury isn’t severe.
- Not Keeping Records: How do you fight off any dispute? That’s right, with evidence! Maintain detailed records of your injury, medical treatments, and all dealings related to your claim.
FAQs
What Expenses Does the Worker’s Compensation Settlement Usually Cover?
Most compensation deals cover the following:
- Your attorney’s fees
- Medical bills (present and future ones)
- Any lost wages due to the injury and its recovery process
- Future benefits if there’s a long-term disability
How Much Should the Worker’s Compensation Settlement Be Worth?
Sadly, there’s no one-size-fits-all answer to this question. It largely depends on how bad your injury is, how much you lost in wages, and the bills above. It’s best to consult a lawyer to help you determine a fair value.
What to Do When Your Workers’ Compensation Claim Is Denied?
When your claim is denied, your first step should be to consult a worker’s compensation attorney. The attorney will help you file an appeal at the right agency. You should also gather all the evidence (medical records or witness statements) to help support your claim.
Final Thought
So, again, when will workers’ comp offer a settlement? In most cases, the insurance company pays the settlement within the first six months or after you’ve reached the maximum medical improvement (MMI) point—which is mostly the case.
Because of that, you can wait more than a year after filing your claim, depending on the severity of your injury.
Also, if you don’t alert your supervisor of the injury immediately or they wait to file a Report of Injury, the entire procedure can be delayed.
