How long does it take for a workers comp case to settle California?

Workers’ compensation cases are complicated to resolve and are based on the specific circumstances of your injury. Some injuries are easy to settle, but others can be complicated.

The average settlement time for workers’ compensation cases is six and a half months from when the claim is opened and filed with the insurance company.

This article will discuss how long workers’ compensation cases take and factors into the settlement process.

Workers' Comp vs. Personal Injury Settlements

Workers’ compensation settlements are different from traditional personal injury settlements, in that they are based in part on the total time off work due to the injury.

In a traditional personal injury case, the payout is based on medical bills and property damage. On the other hand, in a workers’ compensation case, the payout also includes money for the time missed because of the injury.

However, a workers’ compensation case is shorter than a typical personal injury case, allowing for a faster settlement. That’s because, in a workers’ compensation claim, the insurance company is looking at the medical records in determining what percentage of the disability is due to the accident. The court process is not involved in a workers’ compensation claim.

Workers' Compensation Settlement Without a Lawsuit

If a workers’ compensation case is settled without a lawsuit, the timeframe may be shorter than a traditional personal injury case.

Workers’ compensation cases typically settle between three and six months after the claim is filed. However, if the injured worker has third-party liens, such as a medical bill lien, then the case can take longer to settle.

A medical bill lien is a detailed list of bills sent by the billing company to the injured worker. The injured worker includes this in the filed claim with the workers' compensation insurance company.

The insurance companies will then request the medical bills from the billing company after the claim is filed with the insurance company. This can delay the settlement process.

Settlement Negotiations

For every workers’ compensation case, there are a lot of back-and-forth negotiations between the injured worker’s attorney and the insurance company. Negotiations can take weeks or even months. The longer the negotiations take to reach an agreement, the longer the case takes to settle.

The settlement process can be challenging, and the injured worker and their attorney should consider the options and decide what is best for their case. It may be possible to settle before a lawsuit is filed with a workers’ compensation insurance company.

Regardless, each case is different, and the amount of time it takes to settle a workers’ compensation claim varies based on the specifics of each case.

Insurance Company

Workers’ compensation settlements can vary based on the type of insurance company paying the claim. For example, a company with a larger insurance pool will take more time to settle a workers’ compensation claim because they have more money to cover the settlement. On the other hand, a small insurance pool will pay less and settle quicker.

Lump-Sum Settlements

A lump-sum payment, which is a one-time payment, may not be faster than a structured settlement. However, a structured settlement will be paid out in a series of payments over time. A structured settlement will be a set dollar amount per month, which the injured worker and the attorney may be able to negotiate a larger payment than a lump sum payment.

The Bottomline

The time it takes to settle a workers’ compensation case varies depending on various factors. The time frame is shorter than a traditional personal injury case because there is no court process involved. However, this may not be quicker than a structured settlement, which is paid out over time. Regardless of the time frame, injured workers and their attorneys should be aware of the specifics of their case and the possible outcomes.

Hire only the best California workers compensation attorneys today. Pacific Workers’, The Lawyers for Injured Workers, can help you out. We have offices in Oakland, Tracy, Concord, San Jose, Stockton, and Sacramento. Contact us at 800-606-6999 and get a free consultation.

For those entering the world of Workers Compensation due to an injury at work, it is important to know: How Workers Compensation Claims Are Settled in California. Knowledge helps the injured worker understand how their claim will be closed and how that affects their transition out of the Workers Compensation system. You should also know what you are entitled to receive under the law, so check out California Workers Comp Benefits Explained. There are a few ways a Workers Compensation attorney lawyer can help you settle your California Workers Compensation claim. The following are the forms settlement can take:

Compromise and Release – The Most Common Way

Workers Compensation Claims Are Settled in California

A compromise and release in a Workers Compensation case settles the case forever in exchange for a lump sum settlement. Once the compromise and release documents are approved by the local Workers Compensation Judge, the injured worker is responsible for all future medical care and can no longer seek benefits for their injury through Workers Compensation. This is a popular form of settlement because the injured worker gets a lump sum of money (usually paid within 30 days of settlement) and that amount of money is much larger than leaving the claim open for medical treatment alone. If in the event the injured worker has other means to get medical treatment paid for, either through Medi-Cal, Medicare or private health insurance through a spouse, a compromise and release is usually the most attractive option. This is because the medical benefits provided through Workers Compensation insurance companies are usually substandard compared to other public and private health insurance plans. You Need to Speak with a California Workers Compensation Attorney Lawyer to learn more about how and why Workers Compensation insurance plans are generally not as good as other public and private health insurance plans.

Stipulation With Request for Award – Another Legitimate Way to Settle

This is an alternative to the compromise and release avenue of closing a Workers Compensation Claim. The parties (the injured worker and the insurance company) enter into an agreement that the injured worker was injured on the job and agree upon the nature, extant and future medical care for the injury. Under this form of closure, the injured worker is paid out money in the form of permanent disability over a period of time (as opposed to a lump sum settlement that comes in the compromise and release form of settlement). In addition to permanent disability money, the injured worker has the right to seek future medical care for their injury to be paid completely by the Workers Compensation insurance company within the scope of the agreed future medical care laid out in the agreement. Many workers choose this form of settlement, but most do not. This is because oftentimes the care provided under the comp policy is substandard or the injured worker has access to other coverage, or both.

Trial, Findings and Award – If You Cannot Settle Your Claim

Workers Compensation Claims Are Settled in California

If the parties cannot agree to either of the above two settlement forms, the case will be submitted to a Workers Compensation Judge to decide the case. If the judge finds in favor of the injured worker, the injured worker has one of two options. Either settle the case after trial for a lump sum of money through a compromise and release or take the permanent disability money awarded by the judge and seek all future medical care through the Workers Compensation insurance company within the scope of medical treatment the judge awards the injured worker. This form of resolution of a Workers Compensation case is practically the same as Stipulation With Request for Award, except as opposed to the Stipulation where the parties agreed on the value of the case, the judge had to be brought in to resolve it.

How You Settle Your Work Injury Claim Depends On Each Case And the Goals Of The Client

There are many factors that must be considered before an injured worker makes a decision on how to settle their Workers Compensation claim. Many times, those factors change as the case evolves. It is always a good idea to understand these factors and How Workers Compensation Claims Are Settled in California going into a case. It reduces the injured worker's stress levels by helping them understand their own case and what they can expect to achieve with it.

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Posted in Workers' Compensation and tagged California Workers Compensation, California Workers Compensation Law, compensation, Compromise and Release, Stipulation and Award, Work Injury Attorney, workers, workers compensation California, Workers Compensation Claims Are Settled in California

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