In 2019, employers in the US reported 2.6 million workplace illnesses and injuries, with one-third of those incidents causing the victims to miss at least a day of work. If you suffered an injury on the job and filed a workers’ compensation claim, you probably have questions about when you might receive a settlement.
Understanding Workers’ Compensation Settlements
Each state establishes and operates its own workers’ compensation system, which provides benefits to employees who suffer job-related injuries or illnesses. After a workplace injury in Georgia, North Carolina, or South Carolina, when the workers’ compensation claim is approved, an employee’s reasonable and necessary medical expenses will be paid, provided the injured worker chooses a doctor from the employer’s preferred provider list.
In all three states, for workers whose injuries prevent them from returning to work while their injuries are healing, after a seven-day waiting period, temporary total disability benefits will be paid. After an injured worker reaches maximum medical improvement (MMI)—the point at which the covered illness has stabilized and is unlikely to improve with additional medical treatment—the temporary benefits provided by workers’ compensation may be stopped.
At this point, your lawyer can enter into settlement negotiations with the employer’s insurer for a settlement of your claim. The settlement could be paid in a lump sum or in a structured payment arrangement. The settlement should cover any remaining medical expenses or lost wages, as well as any permanent disability that resulted from the injury.
Average Timeline for a Workers’ Compensation Settlement
Because each state manages its own workers’ compensation program, the laws and timelines for these cases can vary from state to state. For a rough idea of how long your case might take, here are some general patterns:
From the time the injured worker reaches MMI, most workers’ compensation cases can take between 12 and 18 months to settle. The settlement can take much less time after an injury if your case meets the following conditions:
- Your employer promptly acknowledged the injury
- All parties agree that you sustained the injury during your job duties
- You sustained a relatively minor injury with a predictable recovery time
- The insurance company accepted liability
However, in many cases, especially those in which the injuries were severe or multiple aspects of the injury and the treatment were disputed, the settlement process can take many months or years.
Key Factors Influencing the Workers’ Comp Settlement Timeline
Several factors might impact your case’s settlement timeline:
Extent of Disputes
The timeline for settlement negotiations depends on the number of issues in dispute. If you and the insurance company only disagree on an amount for permanent disability (because you have already received a satisfactory amount for your medical costs and wage loss), you will likely settle much more quickly than if there is a dispute about your average weekly wage or if your injury actually occurred at work.
Severity and Complexity of Injuries
Given the time required to prepare for cases that involve severe injuries, such as the time needed to collect and verify medical records, the inevitable independent medical examinations (IMEs) the insurance company will require, securing expert medical testimony detailing any ongoing medical expenses, and obtaining information about future lost earning potential, settlements dealing with serious harm will likely take much longer than those with minor injuries.
Administrative Processing Speed
State workers’ compensation boards have varying processing times. Though some states promise to tackle settlement negotiations “fairly and expeditiously,” processing times can still vary. Not all of this delay has to do with worker error—the insurance industry deals with an estimated $9 billion dollars worth of fraudulent employee workers’ compensation claims per year, which means that it needs to examine major cases closely.
Strategies for Expediting Your Workers’ Comp Settlement
Each state’s workers’ compensation system operates differently, but in general, these strategies can help expedite your claim:
Report Injuries Promptly
State laws require reporting work injuries within specific timeframes. For example, in North Carolina, you must report injuries immediately, but at least within 30 days, to maintain full eligibility for workers’ compensation benefits. Your notice must be submitted in writing before 30 days have passed. If you miss the deadline, you may forfeit workers’ compensation benefits entirely.
Attend and Document All Medical Appointments
If you keep medical documentation for all examinations and treatments you receive after your workers’ compensation claim, you can create a clear record of your injury and recovery progress and draw a clear picture for insurers when you start settlement negotiations.
Engage a Workers’ Compensation Attorney
Even though you are not required to have a workers’ comp attorney to file a claim and secure benefits, having one is your best safeguard against missing out on benefits you deserve. Your lawyer can advise you about the filing requirements in your state and the amount of wage loss benefits you may be entitled to. Once you’ve reached MMI, your lawyer will have a well-informed idea about the overall value of your case. They can negotiate with the insurer on your behalf.
Securing a Fair and Timely Workers’ Compensation Settlement
The average cost of all workers’ compensation settlements in the United States in 2021 and 2022 came out to $41,757 for eligible employees, though this varied significantly based on injury type, state laws, and individual circumstances.
However, insurance agencies sometimes attempt to lowball their initial settlement offers in order to save money or close the claim quickly. If you do not have the experience necessary to determine the value of your claim or your injuries, you may end up accepting an amount much lower than you deserve.
In GA, NC, and SC, a treating physician will provide an impairment rating that specifies the percentage of functional impairment your injury caused. This rating, together with your future medical needs, lost earning capacity, and any disputed benefits from earlier in your claim, factors into your workers’ compensation settlements. To receive a fair settlement that includes all the benefits for which you are eligible, get in touch with an experienced workers’ compensation lawyer.
Claiming Your Fair Workers’ Compensation Settlement with Ted A. Greve & Associates
At Ted A. Greve & Associates, we understand the pressure of dealing with the workers’ compensation process after sustaining an injury that you need to care for. Our team has office locations located throughout North Carolina and South Carolina, and in Georgia. We can demand the settlement amount you need to take care of your work-related injury and get on with your life.
Call us at 1-800-MYDRTED or fill out our online form to get in touch with our team. We have years of experience helping victims of workplace accidents—and we look forward to serving you, too.
