Why Your Workers' Compensation Settlement Is Taking So Long

Posted on: 28 October 2020

If you are injured at work, you'll want to receive compensation for your injuries as soon as possible. However, you may find that you need to hire a workers' compensation attorney, you may wonder why it is taking so long to resolve your case. You don't necessarily have a bad lawyer, and there may be something that is causing unavoidable delays.

Medical Records are Taking Too Long

In some cases, your workers' compensation lawyer is simply waiting for your medical records to arrive. Without the right medical records, you can't reach a settlement with the workers' compensation insurance provider because they will need more proof that you are injured and that your injuries are work-related.

You're Still Calculating Your Settlement

Your attorney will need to help you calculate your damages. That way, if you are given a settlement offer, it will be enough to cover medical bills. You will also be entitled to compensation for lost wages if you are not able to work. However, the compensation you receive is based on state law and usually cannot be negotiated.

The Attorney Might Be Doing More Than You Think

When in doubt, contact the attorney to ask him about the steps that are being taken to help you win your case. Typically, your attorney will make a settlement demand after he has talked to you about the settlement and you have approved it. Then, the attorney will wait for the workers' compensation insurance provider to respond to the demand. If the adjuster does not respond, your attorney will call them. If there is still no response, your lawyer may speak to you about filing a motion for a trial. 

You May Not Have Fully Recovered

You do not want to settle too early because your injuries might be worse than you expected. For example, your doctor might discover that you are not responding to one treatment well and will need another. You might also not be able to return to work for a while due to work restrictions.

Your Employer Might Not Be Cooperating

A common way to save money is for your employer to stall with reporting your injuries with the hope that the problem will go away. However, if your employer does this, your lawyer might advise that you take legal action against your employer. While you may have to wait a long time for a settlement, a legal representative will help you reach a settlement faster than if you were doing it on your own. 

Talk to a local workers' compensation attorney today if you need help settling your case. They can save you time and give peace of mind.