Workers who get injured or ill while doing their jobs may face significant financial challenges. Their income could decrease if they miss work or cannot physically work as many hours as they previously could. Many injuries result in high medical bills. Filing a workers’ compensation claim can help cover these financial losses while you recover from your injury or illness.
However, the workers’ compensation system is often inefficient, which could delay your benefits. Legal action is an option if you are not receiving your workers’ compensation benefits in a timely manner.
Understanding Workers’ Compensation Delays
Your workers’ compensation insurance could be delayed for numerous reasons. Sometimes, the delay is caused by the inefficiency of the workers’ compensation system, such as understaffing or poor management. A high case volume could also slow down the process.
The circumstances surrounding the injured worker can affect the timeline as well. Ongoing medical evaluations could slow your workers’ compensation case, the employer’s reporting practices, or the complexity of your injury and medical care.
No matter their cause, significant delays can be detrimental to the claimant. When you are hurt and miss work, a delay in your workers’ compensation benefits could put you under severe financial stress. It is frustrating to wonder if and when you will start receiving weekly benefits.
Legal Rights in Workers’ Compensation Claims
If your injury or illness occurs within the bounds of a workers’ compensation claim, you can receive those benefits on time. This means the employer and insurance company must respond to your claim quickly to ensure your workers’ comp benefits are delivered when needed.
If your case is delayed for invalid reasons, you could pursue legal action against the employer or the insurance company.
Common Reasons for Delayed Workers’ Compensation Payments
Unfortunately, delays are common for injured employees who have filed workers’ compensation claims. Some delays are inevitable because of the complexity of your case. If further medical evaluations are needed to assess the extent of your injury, this will delay your benefits.
Other delays could be the fault of the employer or insurance company. Paperwork errors, insurance company disputes, employers dragging their feet, and other administrative issues will prolong the process and prevent you from receiving timely benefits.
How Long Should Workers’ Compensation Take?
Since claims can be delayed for various reasons, it is crucial to understand the typical timeline for a workers’ compensation case to know if specific steps are taking longer. The initial steps include the employee reporting the injury to their employer and seeking medical care. The employer will provide the worker with a claim form.
Once that has been submitted to the insurance company, the insurer will investigate the claim. They will either accept or deny workers’ compensation benefits. A plan for the worker to return to work after maximum medical improvement will be created.
The average timeline of a workers’ comp claim varies from state to state. Typically, these cases are resolved between 6 and 18 months after filing. More straightforward workers’ comp cases may settle in a few months, while other claims could take years to resolve before workers receive their first checks.
What to Do if Your Workers’ Compensation Claim Is Taking Too Long
If your claim takes too long, it may not always require legal action. Contact the insurance company to enquire about your claim status and record all correspondence. Reach out to a manager at the insurer if your case representative is unresponsive. If the issue still exists, consider filing a complaint with your state’s workers’ compensation department.
Finally, you can contact a workers’ compensation lawyer if you believe legal action is necessary to receive your deserved benefits.
Can You Sue Workers’ Compensation for Delay?
Yes, you can sue an insurance company or employer for delayed workers’ comp. You must be able to prove that the entity at fault has acted in bad faith, such as failing to report your injury or ignoring your claim entirely. For example, if you know your employer has not reported your injury to the insurance company even though you reported it weeks ago, you could sue the company.
If you are wondering about the status of your claim and have contacted the insurance adjuster multiple times with no response, this could also be grounds for a lawsuit for unfair treatment. Knowledgeable lawyers at Rosenfeld Injury Lawyers can help you determine if your case meets the criteria for a lawsuit.
Bad Faith Claims in Workers’ Compensation Cases
If an insurance company or employer mistreats you during your workers’ compensation claim, they could be acting in bad faith.
Many scenarios could open these entities up to lawsuits, including an unfair denial of benefits, not reporting injuries, not responding to communication from the claimant, failing to investigate the case, hiding evidence, ignoring time limits, and lying about policy coverage.
If you think your claim is being handled unfairly, you could pursue legal action against the employer or insurance company for bad faith actions.
The Role of a Workers’ Compensation Attorney
An experienced workers’ compensation attorney can get things moving with your lawsuit if you face benefit delays. Your lawyer will negotiate with the insurance company for fair compensation, speed up the process, investigate bad faith actions, and sue for legal damages if you have suffered because of the delays.
Compensation You Can Recover for Workers’ Compensation Delays
You can claim numerous monetary damages when you sue the insurer or employer for delaying your benefits. If your lawsuit is successful, you may receive compensation for medical bills, disability benefits, lost wages, and even legal fees. Monetary penalties may also be levied against the insurance company for delaying your claim.
What Are the Risks of Suing for Workers’ Compensation Delays?
There is always some risk in suing a company for workers’ compensation delays. First, it could lengthen the time it takes to resolve the initial claim. Second, you may face higher costs due to legal fees from the lawsuit. Even if you win, your settlement may be reduced for attorney fees or medical liens.
How to Speed Up Your Workers’ Compensation Claim
The most effective way to speed up your workers’ comp claim is to cooperate. Respond quickly to all communication from your employer or the workers’ compensation insurance company. Communicate with the relevant parties early and often. Provide complete injury documentation, including medical records, doctors’ notes, and medical expenses.
Hiring a workers’ compensation attorney early in the process can expedite the claim.
How to File a Lawsuit Against Workers’ Compensation
While filing a lawsuit against your employer or the workers’ compensation insurance carrier may seem overwhelming, working alongside an experienced lawyer will simplify the process. First, hire an attorney to represent your case.
The legal professional will help you gather evidence to support your claim. In some cases, an official complaint will be submitted, followed by a discovery process, settlement negotiations, and a civil trial.
How a Personal Injury Attorney Can Help With Workers’ Compensation Delays
If you are not receiving assistance from workers’ comp on time, personal injury attorneys can help you secure fair compensation.
Whether you are facing high costs for medical treatment or are hurting from reduced income, a lawyer specializing in workers’ compensation insurance will help you navigate the legal process. They will protect your rights as an injured employee and secure the compensation you deserve for your work injury or illness.
Secure Expert Legal Counsel!
Workers’ compensation is designed to help injured workers overcome their financial challenges after work-related injuries or illnesses. This system is rampant with delays and inefficiencies, causing many injured workers not to receive timely benefits.
If your efforts to communicate with the employer or workers’ compensation insurance company do not speed up the process, you should consider legal action against them.
Rosenfeld Injury Lawyers can guide you through the legal process to hold these entities accountable and promptly earn the benefits you deserve. When you work with a workers’ compensation lawyer from our team, you will have access to an expert in workers’ rights.
Call our office at 888-424-5757 or complete the online form to request your free consultation with a Chicago workers’ compensation attorney.
Resources: [1] Insurance Business Mag