Suffering a work injury can be painful and causes havoc in the life of the injured person. In addition to the pains from the wound, the person would be unable to work. This makes it vital for the individual to get remuneration by filing a workers’ compensation case.
As Miami workers’ compensation lawyers, we understand the importance of having funds while recovering from your injury. But sometimes, it takes a long time for employers to settle their employees after a work injury. This article looks at how long it takes to get a settlement check amid other vital information.
How Long Does It Take To Settle a Workers’ Comp Case?
Like in every settlement case, it takes days, weeks, or even years to settle a workers’ compensation case. Several factors determine how fast or slow it takes for you to arrive at a settlement. Some of them include:
- The submission of the initial settlement evaluation
- The time it takes for the insurance company to respond.
- Whether the insurance company disputes your injury rating
- The back and forth arguments between both parties
- The time to get the employees’ medical records
- The time it takes to draft the settlement paperwork, review, agree, sign, and send copies to all the parties involved.
If these factors get resolved in time, you will get your settlement check at the earliest possible time. But if not, you will have to pay for your medical expenses out-of-pocket.
In Florida, the average settlement time for workers’ compensation cases is 1.5 years. In some cases, about 20%, you can get paid within six months or less. But there are ways to speed up the process and get your payment as soon as possible.
How To Speed Up Your Florida Workers’ Compensation Settlement
Like in other jurisdictions in the United States, there are several ways to speed up your workers’ compensation settlement in Florida. Here are some of them:
- Record all the relevant details of your case, from the moment you sustained the wound till the end of your medical treatment.
- Inform your employer of your accident and injury immediately after it occurs. This would help them file a report with the insurance company and speed up the settlement process.
- Follow the instruction of your doctor to the letter. For example, if the physician advises you against lifting weights when you resume work, listen to them. This way, you won’t aggravate your injuries and give the insurance company an excuse to delay payment.
- Secure the services of a workers’ compensation attorney. Getting a lawyer will make your employer and their insurance company take you seriously. It also speeds up the process.
- Tell your attorney the truth, listen to their advice, and don’t make any decision without consulting them. One suggestion that always proves helpful in cases like this is not posting your injuries on social media. Insurers use this against claimants.
Keep in mind that things can go wrong during negotiations of this nature. Thus, it is better to follow these steps and have a workers’ compensation attorney in your corner.
How Long Does It Take To Get a Workers’ Compensation Settlement Check?
After completing the workers’ compensation settlement process, you can get your check from your employer or their insurance carrier. Usually, it takes four to eight weeks to get your settlement check. The time starts counting from when you reach an agreement with your employer or their insurance carrier. However, note that the timeline is not set in stone, as other factors like the type of industry you work in affect it.
What Happens After a Workers’ Comp Settlement?
Once you and your employer reach an agreement, you’ll start receiving your workers’ comp benefits. Depending on the type of injury sustained, the payment could last until you return to work. In other cases, it extends until you attain Maximum Medical Improvement (MMI). But typically, it lasts for about 104 weeks for most people.
The duration is based on the fact most people return to work within days or weeks after they suffered an injury. Those who cannot return to the job they had often get employment elsewhere. Also note that in Florida, when there’s no issue with the employer or insurance company, workers’ comp payments start eight working days after the injury.
Miami Personal Injury Lawyers Can Help You!
At Miami Lawyers 360, we always treat your case as though it is the most important in the world. Thus, if you suffered a work injury, and your employer has not paid your workers’ comp settlement, we can help you. Start by calling us today to schedule a free consultation.
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