How Long Does It Take for a Workers Comp Settlement in California?

In California, the timeline for a workers’ comp settlement can vary widely, typically taking anywhere from a few months to over a year. Simple cases with minor injuries may settle within 6-9 months, while complex cases or those involving serious injuries and extended medical treatment often take 12-18 months or longer to resolve. Factors affecting the timeline include the nature of the injury, the length of medical treatment required, insurance company response times, and whether the case goes to trial.

Unfortunately, many employees in California will face this process of filing a workers’ compensation claim. According to US Bureau of Labor Statistics (BLS), there are approximately 472,500 total recorded cases statewide every year. In more than 297,000 cases, the employee will experience days away from work or a job restriction. When added to costly medical expenses, losses from being unable to work take their toll.

Workers’ compensation laws protect you as an employee, so you may be entitled to monetary benefits that provide essential financial support. Many of these claims settle by agreement, but working with insurance companies is challenging. By retaining an experienced California workers’ compensation attorney, you can keep the process running smoothly. Plus, you can benefit from reviewing some information about how long it takes for a workers’ comp claim to settle.

 

What is a Workers’ Comp Settlement?

Under rules established by the California Division of Worker’s Compensation (DWC), a workers’ compensation settlement is an agreement between an injured worker and their employer’s insurance company. This agreement covers workers’ compensation benefits for the various losses and costs resulting from an on-the-job injury.

A workers’ comp settlement typically concludes the claim process and determines the final amount the injured worker will receive. Settlements may vary depending on the severity of the injury, medical expenses, and whether the worker can return to their job. Settling can provide injured workers with financial relief sooner, but it’s critical that the settlement amount covers all necessary expenses for recovery and support.

 

 

Filing Your Workers’ Compensation Claim in California

The first step in obtaining a workers’ comp settlement is filing a claim. In California, this process begins with notifying your employer about the injury as soon as possible. After informing your employer, they should provide you with a workers’ compensation claim form.

Once you complete the form and return it, your employer forwards it to their workers’ compensation insurance provider. This step initiates the claims process, which allows you to access initial medical benefits.

Filing a claim as soon as possible can be vital in reducing settlement delays. When you have help from a workers’ comp attorney, you can streamline the process and work to meet all necessary requirements to support your case.

 

Workers’ Comp Payments 101

Workers’ comp benefits in California cover several areas, including medical treatment, future medical care, disability payments, and sometimes vocational retraining. The specific types of payments vary, and they play a significant role in the settlement timeline.

Certain disability benefits are typically received bi-weekly or monthly per rules of the California DWC. If benefits are part of a workers’ comp settlement, they may be paid out as a lump sum or installments over time. You should be attentive to the details of your workers’ compensation payments, so that you’re not caught off guard by delays or adjustments as your claim progresses.

 

Insurance Company Delays

One of the most common reasons for delays in workers’ comp settlements is the insurance company. Insurance providers often conduct extensive investigations, especially if there is any doubt about the validity or extent of the injury.

Insurance adjusters may require additional documentation or medical evaluations to confirm the injury’s impact on the worker’s ability to work. In some cases, they may even contest specific benefits or try to negotiate a lower settlement amount.

These delays can significantly impact the timeline, so keeping track of deadlines and following up consistently is crucial. In some situations, it’s necessary to be aggressive in motivating the insurance company to move forward with your claim efficiently and obtain a fair settlement.

 

Other Factors That Affect the Workers’ Comp Settlement Timeline

The length of time to settlement is also influenced by various other considerations beyond the insurance company. Delays may be the result of:

• Complexity of the injury
• Your recovery time
• Disputes over treatment
• Disagreements over your maximum medical improvement (MMI)

For example, severe injuries that require ongoing medical treatment may extend the time it takes to reach a settlement. When the trauma is so serious, the employee is more likely to be out of work for an extended time. Both parties must agree on the estimated future medical costs, as well as wages and disability payments.

Additionally, the parties do not reach an agreement in some cases. Some must go to trial, which can take considerably longer than cases that settle outside of court. Trial dates are set months in advance, and each court hearing or negotiation can delay the settlement.

While every case is unique, being aware of these potential setbacks can help injured workers anticipate the likely length of their workers’ comp case. When disputes remain, it’s less likely that your claim will be resolved by agreement.

 

 

Types of Worker’s Compensation Benefits

In California, workers’ compensation offers several benefits to help injured workers and their families cope with the aftermath of a workplace injury. These benefits include:

Medical Benefits: Cover treatment costs, including doctor visits, surgery, medications, and rehabilitation.

Wage Replacement: Temporary disability benefits compensate for lost wages during recovery

Permanent Disability Benefits: Provides compensation if the injury results in lasting physical or mental limitations.

Death Benefits: Offers financial support to the family of a worker who dies due to a workplace injury.

Each benefit type may be factored into a settlement, especially in cases involving significant medical treatment or long-term disability. When you have some background on these benefits, you can better evaluate your settlement’s potential value and what to expect in compensation.

 

Calculating Workers’ Compensation Settlements

Assessing the value of a workers’ comp settlement in California involves several elements. Generally, the settlement amount will include the different types of workers’ comp benefits described above. For permanent disability cases, settlements are based on a disability rating that reflects the extent of the impairment.

The calculation can vary depending on the nature of the settlement:

• Compromise and Release: A lump sum covering all future medical expenses and benefits
• Stipulated Finding and Award: Periodic payments for permanent disability

Compromise and Release settlements are usually more common for injured workers seeking immediate financial relief. It’s wise to consult with a workers’ comp attorney who can advise you on the most suitable type of settlement for your injuries and situation. Your settlement should include all necessary components available under workers’ compensation laws.

 

Do All Workers’ Comp Cases End in Settlement?

While many workers’ compensation cases in California settle, disputes remain in some claims. These may result in a trial if the injured worker and the insurance company cannot agree on the settlement value or other terms. Additionally, in minor injury cases where medical treatment is completed quickly, the matter may not require a formal settlement.

When a claim doesn’t end in settlement, the Workers’ Compensation Appeals Board (WCAB) will determine the compensation based on the evidence presented. Cases that proceed to a hearing or trial may take considerably longer to resolve, often adding months to the process. Settlement is often the preferred route for both parties to avoid the time, costs, and uncertainties of trial, but each case varies based on individual circumstances.

 

Our Skilled Attorneys Fight for Injured Workers in California

You can see that the timeline for a workers’ comp settlement can vary, and there are numerous factors that impact how quickly your claim is processed. One important issue that can streamline the process is retaining an experienced workers’ comp lawyer who will move the insurance company to act promptly and fairly regarding your claim.

Our team at Scher, Bassett, and Hames is prepared to take on the insurer to get the monetary benefits you’re entitled to by law. Please contact us today at 408-739-5300 to set up a free no-obligation consultation.

 

Related Content:

Are Social Workers Covered by Workers Compensation in California?

How Much Do Workers Comp Lawyers Charge in California? (2024 Rates)