Workers' Compensation Legal Timeline

When you can’t work because of an on-the-job injury, you need money to pay the bills. Workers’ compensation provides wage and medical benefits for work-related injuries. However, it can take time before your benefits kick in. If your employer disputes your workers’ comp claim, it can take even longer.

Workers’ comp timelines can depend on where you live. Talk to a local workers’ compensation lawyer about the timeline for your workers’ comp case.

Typical Timeline for Workers’ Comp Claims

There is no typical timeline for a workers’ compensation case. Workers’ compensation laws differ in every state. States have different deadlines for filing a claim, getting approval, and appeals. For a simple case, you can begin getting benefits within a few weeks. For a disputed case, it can take months or years before you finally get benefits.

Workers’ compensation provides wage and medical benefits for injured employees. This includes traumatic accidents and occupational illnesses. You can generally get wage loss benefits until you can return to work. The overall process for workers’ compensation benefits includes:

• The injured employee reports the accident to the employer.
• The employee gets medical treatment
• The injured employee, employers, and medical providers fill out the necessary paperwork
• The employer reports the claim to the workers’ compensation insurance company and state workers’ comp board
• The insurance company approves or denies the claim
• The injured employee returns to work with or without restriction

The process takes longer if you dispute a denied claim or request a hearing. Some workers’ comp claims end with a settlement payment by the insurance company to drop the claim. For an idea of what your workers’ comp case might look like, talk to a workers’ compensation attorney.

Initial Steps After a Workplace Injury

The first step to take after a work-related injury is getting emergency medical care. While some workplace injuries don’t seem as serious, neck and back injuries can take time to develop. After an injury accident, get medical attention to assess your injuries. Not getting medical attention can give employers a reason to deny your claim.

Reporting the Injury to Your Employer

You have to report the accident to your employer or supervisor. Generally, you should report your injury as soon as possible. This can help you get benefits sooner.

There’s generally a deadline for reporting workplace injuries, depending on state law. State deadlines for reporting a workers’ comp injury can vary from three days to 180 days or more. Some states require you to report the injury as early as possible.

Your employer has a deadline for reporting the claim to the insurance carrier. After filing your workers’ comp paperwork, your employer has to accept or deny your claim within a certain deadline. Depending on the state, some employers also have to notify the state workers’ compensation system.

Filing Deadlines for Workers’ Compensation Claims

There are also deadlines to file a claim with your state board of workers’ compensation. The deadline depends on the state. Most states have a deadline of between one and two years from the date of the injury. If you file too late, the compensation insurance carrier can deny your claim.

Some states have even shorter reporting deadlines. So, talk to a workers’ comp lawyer as soon as possible after a workplace accident.

Medical Evaluations and Documentation

Workers’ compensation pays your medical bills for work-related injuries. Your employer has to authorize medical care within a limited timeframe, depending on the state.

The choice of doctor also depends on where you live. Some states allow injured workers to choose their treating doctors. Other states give employers the right to pick your medical provider.

If you or the insurance company disputes the doctor’s findings, they can get another opinion. Your employer can require an independent medical examination (IME). If you don’t like their doctor, you may be able to get a second opinion.

Timeline for Disability Benefits

Generally, you have to be injured and out of work for a certain amount of time before you can start getting benefits. This varies from seven days to 21 days, depending on the state. After the waiting period, you can start getting temporary total disability or temporary partial disability benefits. You can get wage benefits of about two-thirds of your regular pay.

Request a Hearing After a Claim Denial

If the insurance company denies your claim, you can request a hearing or reconsideration. The appeals process depends on the state where you file your claim. There may be a different deadline for filing an appeal, request for reconsideration, or request a claims hearing. Some states require you to go through arbitration to try to settle the claim dispute.

If you wait too long to appeal the denial, you may lose out on your right to benefits. After getting a notice of denial, contact a lawyer as soon as you can. They can explain the appeals process and file the appeal in time.

Workers’ Comp Settlement Timeline

If you suffered permanent disabilities (partial or total), the workers’ comp insurance provider may try to settle the case. A settlement generally provides a lump sum payment to drop the workers’ comp claim. Your lawyer can negotiate with the insurance company to get a settlement amount to cover your injuries.

Workers’ compensation settlements can happen anytime. Once you reach maximum medical improvement (MMI), you may want to consider a settlement.

Legal Advice About Workers’ Comp Timelines

Complex workers’ compensation cases can take a long time to resolve. The insurance company can deny your claim because they don’t believe your impairment or they think the injury isn’t work-related. It can take months or longer to get benefits in a disputed case.

A workers’ compensation lawyer can explain your options and help you get your benefits as soon as possible. Contact a workers’ comp lawyer for legal advice about how long it will take to get your benefits.