If you need to file for worker’s compensation due to an injury or illness, you might be wondering how long it will take for your claim to be resolved. The timeline of the claims process can depend on many factors. An experienced workers’ compensation attorney can help ensure that your case proceeds as smoothly as possible. A skilled lawyer can also advocate on your behalf for the full benefits you’re counting on.
Contact the Law Offices of William F. Underwood, III, P.C., today to learn about your right to workers’ compensation benefits and what the claims process involves. We can walk through the details of your claim and answer all your questions in a free case review.
Timeline for a Workers’ Compensation Claim
- A workers’ compensation claim begins when you notify your employer that you have suffered a work injury or an occupational illness. Ideally, you should provide notice to your employer as soon as your injury occurs or immediately following the diagnosis of an occupational illness. You must notify your employer no later than 30 days from the date of the injury or the discovery of the illness, or you could lose your right to benefits.
- Your employer should give you a list of medical providers to choose from. You should seek treatment immediately and follow your doctor’s orders.
- After reporting the injury and beginning treatment, you have one year from the date of the injury to file a workers’ comp claim. Your employer and its workers’ compensation insurer will either accept the claim and begin paying benefits or deny your claim.
- If your claim is denied at this point, you can appeal the decision by filing a formal claim with the State Board of Workers’ Compensation to request a hearing before an administrative law judge (ALJ). The hearing will be scheduled within 30 to 90 days following the filing of your claim form.
- While awaiting the hearing, you and your employer may engage in discovery, or the exchange of documents and evidence and taking of depositions. Depending on how long discovery takes, the hearing may be postponed one or more times. In many cases, a hearing is not held until three to six months after the worker files the claim form.
- Once the hearing does occur, the ALJ will issue a decision within 30 days. Either party who objects to the ruling then has 20 days to file an appeal with the appellate division of the state board. Once the appellate division issues a ruling, any appeal must also be taken to the courts within 20 days.
How Long Does It Take to Get a Workers’ Compensation Check?
When does workers comp start paying? You will become eligible for lost wage benefits under workers’ compensation after you have missed more than seven days of work due to a work injury or occupational illness. You can expect to receive your first workers’ compensation check for partial wage replacement benefits within 21 days after the first day you have missed work due to your injury or illness. If you miss work for more than 21 consecutive days, you will also be paid for the first seven days that you missed.
If you have suffered a severe or long-term work-related injury or illness, you and your attorney may decide that you are better served settling your workers’ compensation claim for a lump sum, rather than slowly collecting benefits over many months.
If you and your employer reach a workman’s comp settlement, you can usually expect to receive the settlement check within one to two months, depending on the length of time it takes to draft up the settlement paperwork and have the terms of the settlement approved by the State Board of Workers’ Compensation.
How Long Can I Receive Workers’ Compensation Benefits?
The length of time that you can receive workers’ compensation benefits will depend on the severity of your injury. As for medical benefits under workers’ compensation, your employer is typically obligated to continue paying for treatment until you reach maximum medical improvement, or the point at which further treatment is not reasonably expected to improve your condition.
If you are receiving temporary total disability payments while out of work recovering from an injury or illness, you can receive payments for a maximum of 400 weeks. However, if you miss work but are later found to have been capable of working with physical restrictions, this limit may be reduced to 350 weeks.
If you return to work but earn less money than you did prior to your injury, you may receive partial wage replacement of the difference in your income for a period of up to 350 weeks. However, if you have suffered a catastrophic injury, such as one involving amputation, paralysis, severe head or brain injury, severe burns, or blindness, and are disabled from performing gainful employment, you may continue to receive partial wage replacement benefits for as long as you remain totally disabled.
What Happens After a Workers’ Comp Settlement?
In a workers’ compensation settlement, you agree to resolve your claim for a fixed sum of money. This sum may either be paid in one lump payment or may be spread out over several periodic payments. Once you settle your workers’ comp claim, you cannot go back to your employer for payment of further medical treatment or for additional wage compensation.
You should never try to settle a claim without consulting with an experienced workers’ compensation attorney.
How a Lawyer Can Make Your Claim Move Forward More Efficiently
Although a worker who has suffered a job-related injury or illness is normally automatically entitled to workers’ compensation benefits, in some cases, injured or ill workers find it difficult to get the benefits they deserve. A workers’ compensation attorney can help get your claim moving and pursue the full benefits you need by:
- Investigating the underlying facts of your workplace accident or occupational illness to recover all relevant evidence
- Contacting your employer or its workers’ comp insurer on your behalf to push for a decision on your claim without delay
- Filing your formal claim with the state board and handling the discovery process prior to the formal hearing
- Representing you at the workers’ comp hearing and arguing your case before the administrative law judge
- Appealing an adverse decision, if necessary
- Advising you on the risks and benefits of a settlement and negotiating on your behalf with your employer and its insurer for a settlement that provides you with the maximum compensation possible
Talk to a Workers’ Compensation Attorney Today
If you have questions about the process of pursuing a workers’ compensation claim after you have suffered an occupational injury or illness, contact the Law Offices of William F. Underwood, III, P.C., today. We’ll provide you with a free initial consultation to discuss the details of your claim when you call us or reach out to us online.
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