How Long Does a Workers’ Compensation Settlement Take?
How long it takes to get a workers’ compensation settlement—and if this is strategically the best choice—depends on many factors that are unique to your case. If you do decide to settle your workers’ compensation case, the process could take several weeks to several months or longer.
Our Florida workers’ compensation lawyers near you can keep the process moving as smoothly as possible. We can help you weigh your options and make the best decision for your financial future.
What Can You Expect the Timeline to Look Like When You File a Workers’ Compensation Claim?
How long a workers’ compensation settlement takes depends, among other things, on how long it takes you to complete the following steps:
- Under Florida’s workers’ compensation laws, there are strict timelines for notifying your employer of your injury or illness. You have 30 days to do this. You should notify them in writing following the company’s official policy when possible. This should initiate the filing process.
- At this point, you will continue medical treatment and focus on your physical recovery. If you encounter any issues with your claim, you can contact our workers’ compensation attorney.
- Once you heal completely or your doctor determines you have reached Maximum Medical Improvement (MMI), your doctor will release you from care. This could take months or longer. Some people may be unable to return to their previous work despite reaching MMI.
- Generally, you would only begin settlement negotiations once you reach MMI. Some cases are complex, and you may have significant ongoing care needs. It is important to ensure you understand your future care costs. Our workers’ comp attorney can assist you with this.
- There are often disputes and roadblocks in the workers’ comp process, and the insurance company may not offer a fair settlement. A judge may need to review and approve any settlement you reach. This can add additional time to your case.
When Is a Workers’ Comp Settlement Necessary?
Not all workers’ compensation cases require a settlement. In fact, most do not. The worker files a claim, gets the care they need, heals fully, and returns to work. They received medical care coverage and wage loss benefits for a relatively short time until they could recover and go back on the job.
Sometimes, though, workers make a strategic decision to receive a one-time payout instead of ongoing payments, or they need a lump-sum settlement to cover the benefits they missed while they were out of work due to a denial or other issue.
Some common reasons why workers might consider a settlement in their workers’ compensation claim include:
- They reach MMI and recognize they will have long-term issues
- They were in a dispute over benefits and did not receive them while they were hurt
- They are entitled to permanent disability benefits but would rather receive a lump sum
Is a Workers’ Compensation Settlement Right for You?
Each worker must decide for themselves if a settlement is the best option or if they should continue receiving payments. Their considerations could include their future medical needs, their current financial situation, and their future goals. Enlisting the help of our workers’ compensation lawyers can allow you to assess your options and consider your best interests.
What Should Workers’ Compensation Cover?
According to Florida’s Chief Financial Officer (CFO), workers’ compensation in Florida provides benefits that include:
- Medical Care: All treatment and related medical care for on-the-job injuries should be covered by workers’ compensation. This includes doctor’s appointments, emergency room visits, hospitalization, surgery, medications, physical therapy, rehabilitation, and necessary medical devices and mobility equipment.
- Wage Loss Benefits: Workers’ compensation provides injured workers with regular income that is around two-thirds of their usual pay, up to the policy limit. This comes in several forms, including Temporary Total Disability and Temporary Partial Disability. Which one you receive depends on the severity of your injuries and any lasting impairments.
- Permanent Disability Benefits: If your injury leaves you permanently disabled, a doctor will assess the severity of your condition. This assessment will determine how much money you receive.
- Death Benefits: Families can receive a death benefit if their loved one died from workplace injuries. This benefit could cover funeral and burial expenses and provide other payments to survivors.
Under Florida Statutes § 440.491, injured workers who cannot return to their jobs also have access to vocational rehabilitation through an organization like the Florida Division of Vocational Rehabilitation. This benefit allows a worker to learn a new skill for a new career or how to do their job in a way that takes their disability into consideration. This could allow them to return to the workforce despite a life-altering injury.
If you decide to settle your workers’ compensation claim, it is important to keep these benefits in mind. This is the coverage you should have received while you were injured or the money you will receive going forward if you continue to take regular payments from the workers’ compensation insurance provider.
What Should You Do if You Have Issues With a Florida Workers’ Compensation Claim?
If you have any issues with a workers’ compensation claim or have questions about whether settling the claim is the best option for you, a workers’ comp lawyer from our firm has the answers you are looking for. We can help you fight a denial, ensure you are receiving the benefits you deserve, or negotiate a settlement for you based on your claim and care needs.
Having our legal team on your side managing your claim or settlement ensures you will not accept a lowball settlement offer and can instead fight for the money you need and deserve. We protect your rights while aggressively seeking a fair offer on your behalf.
Talk to Our Florida Workers’ Compensation Team About Your Options
At Rosenberg & Rosenberg, our attorneys have been serving injured Floridians for more than 50 years. We have negotiated settlements and won verdicts for our clients, recovering millions based on their medical bills, lost wages, and other losses. You can speak confidentially with our team today about how long a workers’ compensation settlement takes. Contact us to get started with your free case review.