Negotiating a settlement for your workers' compensation claim entitles you to a lump-sum payment. You get paid your benefits at one time rather than getting paid every two weeks, so you won't have to worry about the insurance provider ending your payments early.
However, reaching a settlement in a workers' compensation case takes time. It can take months, a year or maybe even more. There are many variables that affect how long it could take to resolve a case involving workers' compensation.
Consulting with and/or retaining a NY workers' comp attorney can give you a better idea of how long the process could take and give you insight. Brandon J. Broderick, Attorney at Law has a team that is very experienced in cases just like this.
Things That Could Affect How Long It Takes to Resolve a Workers' Compensation Case
The factors that affect how long it takes to resolve a workers' compensation case are not predetermined by law and vary from case to case. Negotiating a settlement requires persuading the insurance company (or your employer, if it is self-insured for workers' compensation) that it should pay now rather than waiting to see how much it will have to pay in the future.
Below are factors that could affect how long it takes to negotiate a workers' compensation settlement.
The Kind of Injury or Illness You Have Suffered
You must have suffered an illness or injury while at work in order to be qualified for workers' compensation benefits. While demonstrating the connection between an injury and the workplace is sometimes straightforward, it is more difficult if it is a repetitive stress injury or work-related illness.
The time required to negotiate a settlement may be longer if the insurance company (or your employer) contests the connection between your medical condition and your employment. However, if it is obvious that you are entitled to benefits, this can speed up the settlement process.
What Evidence is Available?
You must demonstrate both your right to compensation and the extent of your injury or illness in order to establish that you qualify for workers' compensation benefits. You need evidence to support your workers' compensation claim. A reasonable workers' compensation settlement will usually be easier to negotiate if you have more proof to support your claim.
What kind of proof is required? Key pieces of evidence in support of your claim will include pictures, your injury report, and your medical history. Additionally, your Orlando workers' compensation lawyer could be able to gather more types of proof to persuade the insurance provider (or your employer) to make a settlement offer.
Your Employer or the Insurance Company
Another thing to consider is the company in charge of paying your workers' compensation claims. While some businesses will take into account all information and negotiate in good faith, others won't. This could cause the settlement process to be delayed if you are working with a company who is being difficult.
How Much is the Amount?
In negotiations for a workers' compensation settlement, the amount in question is important. In most situations, it will take longer to achieve a settlement the bigger the gap between what you want and what the insurance company (or your employer) is ready to pay.
The Lawyer You Choose
The legal counsel you select is important as well. The best chance of obtaining a fair settlement as quickly as possible is to hire a lawyer who has experience in representing workers' comp clients, even though no you do not have a guarantee.
Reach Out To Brandon J. Broderick, Attorney at Law For Help
Are you considering pursuing compensation for a work-related illness or injury? If so, we urge you to contact the team at Brandon J. Broderick, Attorney at Law for help.
We offer no-cost consultations. Call us today, let us go over the details of your case and make the best decision to move forward.