How Long After Workers’ Comp Settlement Do I Get Paid?

A severe injury at work impacts your ability to meet bills and support your family. You, therefore, deserve compensation to cover the disruptions due to injury-related losses. A lengthy waiting period may compound your pain and suffering or medical expenses.

You can receive a workers’ compensation settlement shortly after filing a claim. In other instances, it may take several months to a few years, depending on the facts and circumstances related to your case.

Documenting your injuries and taking appropriate steps shortly after an accident can enhance a quick resolution of the case.

Consult a trusted workers’ compensation attorney in Missouri to learn more about your potential settlement and the estimated timeframe.

How Long Does It Take for Workers’ Comp to Disburse a Settlement Check?

The timeline for obtaining a settlement check depends on the prevailing facts and circumstances. The workers’ compensation attorney of the injured or ill employee may attempt negotiations with the insurer before filing a lawsuit.

Finding an agreement with the insurer is often effective. Even so, it may contribute to further delays if you can’t reach an agreement, necessitating a personal injury lawsuit.

While settling with an insurance provider is always faster, it does mean it is the best course of action. In most cases, injured victims must file a worker’s compensation lawsuit to obtain a fair settlement value for their losses.

The following factors may lengthen the time it takes to obtain a workers’ compensation settlement:

• The severity of the injury
• The length of the treatment plan
• The probability of recovering fully from the injury
• Whether you’re working with a workers’ compensation attorney
• Whether you’ve filed a lawsuit
• If the injured victim has filed an appeal

Although not always the case, an extended settlement process may lead to a higher settlement value.

When Can You Get a Workers’ Compensation Settlement?

You’ll likely receive a settlement check more quickly without filing a lawsuit. Settlement negotiations without litigations often take a few months.

Sometimes, delays arise for various reasons, including the actions of an insurance company. Since insurance companies are responsible for paying medical bills, their actions significantly impact the case’s progress.

Suppose an insurer delays reviewing the medical bills. In that case, you may have to wait longer because you can’t skip particular steps before receiving a settlement check.

Delays may also arise if an insurer disputes the doctor’s recommendations.

Suppose a health care provider states you’re 15 percent permanently impaired with the insurer with a counter opinion of 5 percent. In that case, the dispute between your doctor and the insurer can contribute to delays.

An impairment rating directly affects the value of a settlement check. Insurance companies use impairment ratings to minimize settlement payments issued to injured victims.

A disputed impairment rating may lead to an additional period before the disbursement of the settlement check.

What Should a Settlement Cover?

Workers’ compensation insurance covers injury-related losses if an employee becomes injured or ill at work. However, these benefits are unavailable to workers injured or sick outside of work.

The coverage doesn’t apply to intoxicated employees who get into an accident or workers who intentionally hurt themselves.

Here are the elements of a workers’ compensation settlement check:

Medical Expenses

Medical expenses account for a large proportion of injury-related losses. The injured or ill employee deserves compensation for these losses.

Examples of medical expenses covered by the settlement check include:

• Prescription medicine and supplies
• Hospitalization
• Medical equipment
• Physician bills
• Diagnostic test and laboratory charges
• Surgical costs
• Transport expenses to and from medical appointments

Ongoing Care

You can sustain a long-term injury that necessitates a lengthy treatment plan. Ongoing care services are necessary for people with life-threatening conditions that require support outside the hospital environment.

Ongoing care may be on a short-term or long-term basis with services which may include:

• Home care with services such as nursing, personal care, and home support
• Access to home care oxygen for people reliant on oxygen in their homes and community
• Physical therapy

Lost Wages

You’re entitled to a reimbursement of past and future lost wages due to a work-related illness or injury. You may also be entitled to compensation for a reduced earning capacity.

If you manage to return to work, but your illness or injury leads to a decrease in earnings, you’re entitled to compensation for the difference.

Those who become permanently disabled or impaired are mostly entitled to loss of future earnings. Injured or sick employees are also entitled to lost benefits and other forms of income, including bonuses, vacation time, commissions, and paid time off.

Temporary Total Disability

You may be entitled to temporary disability benefits if a work-related injury or illness prevents you from returning to your previous job or another role for the employer you would have otherwise qualified for.

Most workers who receive temporary disability benefits fully recover and return to their roles, ending the benefit. Injured workers may return to work before maximum medical improvement with restricted duties and lower or differential pay.

Workers who return to work with lower than average wages may be entitled to temporary partial disability.

Permanent Disability

If an injured employee has a severe impairment deemed permanent after attaining maximum medical improvement, they are entitled to permanent disability benefits. Permanent Total Disability(PTD) benefits apply to workers who cannot work due to work-related illness or injury.

Permanent disability benefits apply to employees whose permanent impairment does not limit their ability to work.

Death Benefits

Workers’ compensation settlements include death benefits when a work-related illness or injury is fatal. The death benefits cover funeral and burial expenses and a cash payment to the worker’s family or dependents.

The benefits of injured workers who die without dependents qualify for funeral and burial expenses.

Never Accept a Workers’ Comp Lump-Sum Settlement Offer Without Legal Advice

During the claim process, you may commence negotiations with the insurance provider. The insurance provider uses the representation of an attorney who knows the worth of your illness or injury-related losses.

The insurer will use various strategies to minimize the payout to an injured victim. Therefore, if you commence settlement negotiations without legal aid, you will likely accept a low settlement offer that doesn’t cover your losses.

A workers’ compensation attorney is highly knowledgeable and will use their skills to evaluate the merits of various offers. More importantly, an attorney can demonstrate the extent of your injury and negotiate for a fair settlement offer.

Here are additional benefits of working with a workers’ compensation attorney:

Navigating the Complex Process

Although workers’ compensation claims apply the no-fault principle, the claim process is confusing. A misstep while filing a claim can lead to a loss of money and time. You must submit particular documents within set time frames to receive the benefits.

The applicants must also pursue regular updates throughout the life of the claim. Working with an experienced workers’ compensation attorney facilitates a seamless application procedure.

An Insurance Company May Dispute Your Disability or Impairment Rating

Depending on the severity of your injury, the impairment or disability rating forms a foundation for determining the value of your settlement check. Injured or sick employees with a higher disability rating receive a hefty settlement award.

An insurer may argue for a lower settlement rating to minimize the value of a settlement check. An attorney can compile various sources of evidence to justify your disability or impairment rating.

Knowledge of Workers’ Compensation Law

Workers’ compensation laws vary from state to state. An attorney has deep knowledge of the applicable statutes, which is crucial in protecting your rights. They know the different procedures, the appropriate benefits, and the deadline for filing a workers’ compensation claim.

Sometimes, an employer may require you to return to work immediately after an injury. In such a case, the employer has violated your rights as an injured victim. An attorney can advise on the applicable procedures that employers should follow before recalling you back to work.

An Attorney Can Litigate a Workers’ Compensation Claim

Litigation involves filing a personal injury lawsuit against your employer if you fail to reach a settlement related to your claim. You can also file a lawsuit if your employer intentionally caused the injury or illness.

If you’ve decided to file a lawsuit, you should work with an experienced workers’ compensation attorney who’ll prepare documentation, attend court appearances, and defend your interest in the case.

Although litigation is time-consuming and expensive, it might be the only way to obtain total  compensation for your losses.

Devkota Law Group: Experienced Workers’ Compensation Attorneys

A delay in obtaining a settlement can make it difficult to recover from a work-related injury or illness. You should also be cautious about accepting the first settlement offer because you may leave money on the table.

At Devkota Law Firm, we have decades of experience representing injured victims, giving us the knowledge and tools necessary to pursue a fair settlement as quickly as possible.

Contact us online or at (816) 207-4255 for a free consultation.