How Long Does It Take To Negotiate a Workers’ Compensation Settlement?
How long it takes to negotiate a workers’ compensation settlement varies from one claim to another, as several factors could affect the duration of the claims process. There is no specific timetable for completing a workers’ compensation settlement.
However, certain stages of the claims process may require waiting periods or deadlines, which may give you an idea of how long it might take for your claim to settle. Ultimately, you may need to discuss your case with a workers’ compensation lawyer in Lafayette to get an accurate timeline estimate.
Some Timeframes for Your Workers’ Compensation Claim
Though there is no way to say for certain how long it will take to negotiate your workers’ compensation settlement, some guidelines may provide you with a general understanding of what may be involved in your workers’ compensation case.
For example, the Louisiana Workforce Commission (LWC) explains that if your employer or their insurance company contests your claim, you may have to wait six to nine months for an Administrative Law Judge (ALJ) to review and rule on your claim.
The time it takes you to file your claim may also impact how long it will take for you to negotiate a settlement. According to the LWC, you must file your claim no later than one year after you acquired your injury or illness. The speed with which you file your claim may alter your timeframe for negotiating a settlement.
There May Be Additional Deadlines
Other procedures might also affect your ability to obtain benefits or negotiate a settlement. Louisiana Law RS 23:1271 notes that generally, you must wait six months from the last Temporary Total Disability (TTD) benefit payment to negotiate a settlement. However, parties may agree to waive this prohibitive period.
In short, several variables might affect how long it takes for you to secure benefits or negotiate a workers’ compensation settlement. A law firm representative may explain with more accuracy what your timeframe for completing your claim will look like.
Your Employer May Affect How Long it Takes to Negotiate a Workers’ Compensation Settlement
One factor that could change how long it takes to receive workers’ compensation benefits is whether your employer or their insurance company disputes the facts of your work-related injury or illness.
There are several ways that an employer or insurer might attempt to stall or obstruct your pursuit of workers’ compensation by saying your workplace accident was your fault. They may try to deny your compensation through excuses such as:
- Alleging that you were engaged in horseplay or another dangerous physical activity not related to your work, and this caused your injury
- Alleging that you were intoxicated at the time of your injury
- Claiming your injury or illness is not covered for some other reason
- Alleging that your medical care was unnecessary and should not be covered
The process for resolving a disputed claim may extend the claims process. Your lawyer can defend you against allegations and disputes by gathering and citing evidence that supports your claim about how your injury or illness occurred.
In other cases, processing a claim may be straightforward. If your employer and their insurance company do not contest the facts of your incident, resolving your claim might be a matter of completing basic administrative processes.
The Insurance Company May Contest Permanent Impairment
If you have suffered a permanent injury due to your incident, but the insurance company disagrees with you and your doctor about the extent of your impairment, this could delay your case.
In Louisiana, permanent impairments are measured as a percentage. For example, your doctor may have told you your impairment is 50 percent, but if the insurance company says your impairment is only 30 percent, this could delay your case significantly. It could also affect how much you receive in damages.
Impairment ratings can greatly affect the timing and outcome of a settlement. For this reason, insurance companies often focus on it during settlement negotiations. A lawyer from our firm can provide evidence for your doctor’s impairment rating. Your lawyer can represent you in court if necessary.
Your Employer or Their Insurer May Try to Stop You Entirely
Your employer might try to discourage you from filing a worker’s compensation claim in the first place, or the insurer may try to prevent you from filing a lawsuit. In situations like these, a lawyer from our firm can help you.
Your lawyer can protect your rights, represent your needs, and file your claim or lawsuit for you. You don’t have to take on your employer and their insurer alone.
Other Factors That Can Affect Settlement Time
In addition to your employer and their insurer, other factors can affect the time it will take to negotiate your workers’ compensation claim. These can include:
- The kinds of injuries you have
- The severity of your injuries
- Your recovery time
- Whether you’ll be able to recover completely from your injuries
- If you want to negotiate or accept the insurer’s offer
- If you decide to take your case to a hearing
- Whether you need to appeal a decision from the insurer
- Whether you work with a lawyer
- Whether you have pre-existing conditions
Don’t Get Discouraged About Your Case Taking Time
Even if multiple factors affect your case settlement, you should still pursue it. You deserve compensation for your injuries, and the responsible party deserves to be held accountable. If you’re worried about your settlement taking time, you can call our law firm for a free case evaluation.
A Workers’ Compensation Lawyer Can Help You Prepare Your Case
If you are unfamiliar with the workers’ compensation process, it might be difficult to understand how to bring a claim effectively. Hiring a lawyer to handle your claim may save you the time and effort required to file a claim independently, allowing you to focus on recovering from your injury or illness.
Your lawyer can handle as much of the claims process as possible, which may include:
- Collecting evidence related to your accident, injury, or illness
- Collecting witness testimony
- Hiring experts to recreate your accident
- Determining the value of benefits you might be entitled to receive
- Filing your claim
- Handling communications with insurers and your employer
- Handling legal processes, such as preparing for mediation
- Negotiating a settlement on your behalf
Your lawyer can work to resolve your claim and handle any appeals necessary if your initial result is not positive.
Our Firm Can Help You With a Workers’ Compensation Claim Denial
You can appeal the ruling if you’re issued a denial but believe your claim is legitimate. Our firm can help you with your appeal.
The insurance company may have legitimate reasons for denying your claim, but you may have legitimate reasons for appealing. There are many gray areas in the law, but a lawyer from our firm can help make your case clear to the insurance company.
Your Lawyer May Help You Negotiate How You Get Paid
In a workers’ compensation settlement, typically, the claimant gets paid weekly or monthly. However, your lawyer may be able to negotiate a worker’s compensation settlement through a lump-sum payment instead. Your lawyer can discuss this option with you during a consultation.
What to Do While Waiting for Your Settlement
While waiting for your workers’ compensation settlement, you should focus on following your prescribed medical treatment plan. Document all appointments, treatments, and how your injury affects your daily activities. This documentation can strengthen your case if you are denied compensation and must appeal.
Consider working with your medical providers to arrange payment plans if needed. Some providers may agree to wait for payment until your settlement is complete. Our attorneys can often help negotiate these arrangements.
If you’re able to work at a lower capacity, discuss light-duty options with your doctor and employer. This can help maintain some income while protecting your rights to compensation. However, never accept work that could worsen your condition or violate your doctor’s restrictions.
Laborde Earles Injury Lawyers Wants to Help You
Our lawyers can help you speed up how long it takes to negotiate a workers’ compensation settlement. Contact Laborde Earles today for a free consultation about how we may assist you or a loved one who has been hurt on the job.