How long it takes to settle a workers’ compensation case in Connecticut depends on your injury and healing. Some claims get resolved in several weeks or months. Other claims can take between 12 and 18 months to finalize. In cases where the injury takes years to heal, the settlement comes even later.
Getting the money you need when you need it can be frustrating. However, working with an experienced Connecticut workers’ compensation attorney can ensure your claim is handled efficiently. At Jainchill & Beckert, LLC, we want to help you understand the workers’ compensation settlement process and how taking proactive steps can help avoid common delays.
What Factors Can Affect the Time It Takes to Reach a Workers’ Compensation Settlement?
Pursuing a workers’ comp claim can be a nerve-wracking process, particularly if you’re in a hurry to get the money. Several factors can affect the time it takes to reach a workers’ compensation settlement. Your actions in the days and weeks after a work-related injury can influence how fast you get the compensation you need.
Always report the accident to your manager or supervisor immediately. In the days following the accident, follow up with your workplace to ensure they’ve completed all necessary paperwork and find out whether they need more information from you.
Your employer’s actions can also influence the time it takes to reach a workers’ compensation settlement. There are crucial steps your employer must take to report the injury and get the ball rolling with the workers’ compensation insurance company. They must also report your injury to the Connecticut Workers’ Compensation Commission (WCC).
Other issues that can impact the settlement timeline include:
- Overall costs of medical treatment
- Your age
- The duration of your medical treatment
- The severity of your injuries
- Whether you face debilitating or disfiguring injuries
- An initial claim denial
- Involvement of Medicare in your future treatment
A skilled Connecticut workers’ compensation attorney can keep your claim on track and help you meet critical deadlines.
What Are the Steps in the Workers’ Comp Settlement Process?
The workers’ compensation claim process in Connecticut can be time-consuming and complicated. Your attorney can help you through the following steps:
Report the Injury
The process begins when you report the injury to your employer. From there, the employer must complete an “Employer’s First Report of Occupational Injury or Illness” form and submit it to their workers’ compensation insurance carrier and the Commission. DO THIS IMMEDIATELY. DO NOT WAIT. Failure to timely report your injury often results in delayed and denied claims that can take months to sort out.
Get Medical Treatment
You must also seek medical attention for your injuries immediately. Your employer may have a medical care plan that includes preferred care providers. If they do, you must use one of the providers in their plan.
File the Claim
After a workplace accident, you will also need to file a Form 30C. This form provides a “written notice of claim” that puts your workers’ compensation claim on record.
You must file this form within one year of the injury date. However, filing it as soon as possible is best to reduce delays. The workers’ compensation insurance carrier should keep your attorney updated on the status of your claim.
Determine Benefits
Once your claim has been filed, the workers’ comp carrier should pay your medical expenses and any wage replacement you are owed if your injuries prevent you from working.
Your workers’ comp claim cannot be settled until you have reached maximum medical improvement (MMI). That’s the point at which further medical care will not improve your condition. Only then can your attorney begin settlement negotiations with the insurance company.
Handle Denials
If your claim is denied, your attorney can request an Informal Hearing before an Administrative Law Judge (ALJ). At this hearing, your lawyer will provide proof that your injuries were work-related and that the insurer should not have denied your claim.
You can appeal through a Formal Hearing if the ALJ denies your claim. If that is also denied, your lawyer can take your case to an Appellate Hearing.
Negotiate Compensation
Once your claim is accepted, the insurer will pay your benefits until you reach MMI. At that point, your attorney can make a settlement demand for any unpaid amounts of compensation you’re owed. They can negotiate with the insurance carrier to reach an appropriate amount of compensation.
Settlement contracts will be drafted, which your attorney will review, and you can sign. Before a settlement is finalized, it gets sent to the Connecticut Workers’ Compensation Commission for approval.
How Can I Avoid Delays?
The best way to avoid costly delays is to report the accident immediately and file all forms and paperwork promptly. Waiting to give the insurance company and your employer the necessary information stalls the process.
Following your healthcare provider’s treatment plan can also help the process move along smoothly. Delays in getting medical care or failing to follow medical advice are red flags for the insurance company and may cause delays or a denial.
Hiring an experienced Connecticut workers’ compensation attorney can also help avoid common delays. Your attorney can keep on top of strict deadlines and manage communication with the insurer so you can focus on your recovery.
How Is My Workers’ Comp Settlement Calculated?
The Connecticut Workers’ Compensation Commission provides benefit rates tables that show how to calculate a worker’s average weekly wage, which is the basis for determining benefits. Generally, the value of a workers’ compensation settlement depends on the severity of your injuries, the cost of medical care, your wages, and your future earning capacity. A Connecticut workers’ compensation attorney can carefully review your situation and estimate the fair value of your claim.
Should I Accept the First Settlement Offer?
Before you accept an offer from anyone, talk to a knowledgeable Connecticut workers’ compensation lawyer. A lawyer can review your situation, calculate your losses, and assess whether the initial offer is fair. If not, your attorney can negotiate for the money you deserve.
How Long Do I Have to File a Workers’ Comp Claim After an On-the-Job Injury?
According to the Connecticut Workers’ Compensation Commission, the statute of limitations for filing a claim for a workplace injury is one year from the injury date. The deadline for occupational illnesses or medical conditions is three years from the first symptom of illness.
How Can a Workers’ Comp Lawyer Help Me Through the Process?
An experienced Connecticut workers’ compensation lawyer knows how to navigate the process from start to finish. Instead of worrying about forms and paperwork, you have the time and energy to focus on your health while your attorney does the heavy lifting.
At Jainchill & Beckert, LLC, we thoroughly review your situation and calculate your financial losses, including medical costs, lost wages, and permanent disability. Then, we go head-to-head with the insurance carrier to demand the money you deserve.
Contact a Connecticut Workers’ Compensation Lawyer
Are you worried about getting the money you need from a Connecticut workers’ compensation case? At Jainchill & Beckert, LLC, we want to assure you that your case is in good hands. Let us fight for your compensation after a workplace accident. Contact our office today for a free initial consultation.
