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Exactly how long does it take to settle a workers comp case after the employer expresses their wish to settle?
Anonymous11 views8 answers
I am not getting straight answers, so iI decided to come here. iI have not received not one workers comp check since iI have been on doctor restrictions for over 6 mos. Now, they want to settle and iI want to move on with my life some place else. I am tired of jumping through hoops with these laws. i can't depend on family to pay my bills while i continue to wait. Can someone give a worse case scenario time frame?
Do you have an attorney? If so, you need to talk to your attorney. If you don't have one, you need one to help you settle your case to make sure the insurance company doesn't take advantage of you. There are plenty of well-qualified workers' comp attorneys on who can help you in this process. There is no answer as to how long it can take to settle your claim. It can take some time to review your medical records and negotiate with the insurance company. You can't make them settle your case.
One it does settle, the paperwork can take a few weeks to draft and sign and then it is submitted to the State Board of Workers' Comp for approval. Once the settlement is approved, then the employer/insurer has 20 days to get you a check in hand.
Sounds like you might have an attorney; this is a question for him/her. Even then, there are so many variables that an exact answer is not possible. Settlement is not a guarantee as the employer could simply choose to let the judge decide or pay out benefits owed over time. If you want explanation of what your case is worth and what could happen next in terms of resolving your case, ask the question to your attorney until it's explained to your satisfaction. It usually is a good idea to hire an attorney as opposed to negotiating settlement yourself, as knowledge of workers comp laws is essential to putting a dollar value on a case. Workers comp is not an exact science; it is a balancing act. If you want to know the settlement offer right this moment, you may not like the response. Whether it's a good idea to wait or settle now is something you should seek expert counsel to decide.
I see that you have received sound, free legal advice from some of the finest WC lawyers around. I can only strongly echo what they have said, do not go any further on your case without having experienced legal representation or you can assume you will not get all you might deserve.
Harold W. Whiteman Jr.Workers' Compensation LawyerAtlanta, GA ·
There is no straight answer on this. The employer and its insurance company does not have to settle at all. They can change their minds at any time. Having said that, 90% of the time they do want to settle the claim as a means of closing it. Usually after they tell you they want to settle their is a negotiation process that may include mediation. This can last months. Unless of course you are so desperate that you take their first offer. Then it can be settled very quickly. If you don't have an attorney you really need to contact one.
Has your claim been filed with the State Board? There is no set time table for settlement or how long a case can sit open, but there are very important deadlines that have to be followed so that your claim is not time barred. I would suggest you contact an attorney who specializes in workers' compensation in GA. There is no fee to speak to an attorney, and no money is paid until the case is settled or income benefits are paid. You have a claim and need assistance, so I'd contact an attorney as soon as possible. I wish you luck.
You definitely need to talk to an attorney who specializes in workers' compensation. Consultations are generally free. If you believe that you are owed benefits and the employer wants to settle the claim, then you are very likely owed benefits, both past and into the future. Because you are desperate for money you are even more vulnerable to the whims of the insurer. You are not in a position to evaluate what a fair and reasonable settlement is. Please do yourself a favor and talk to a lawyer before any more time passes. Good luck. Judy Croy
I hope you have a workers' comp lawyer helping you. It sounds like you are currently getting screwed out of benefits that may be owed to you. Unfortunately, that is a pretty typical scenario for someone without a lawyer on their side.
Elizabeth Ann GearhartWorkers' Compensation LawyerAtlanta, GA ·
It is difficult to answer this question without a lot of additional information. The short answer is, unfortunately, the insurance company never has to settle your claim if they don't want to. If they have actually mentioned that they're interested in settling, you may be looking at several months by the time you agreed to terms and the documents are approved by the state board.
