How Long Will My Worker’s Compensation Case Take?

When you’re involved in an on-the-job accident, there are many moving parts. You must seek medical attention, file your claim, communicate with your health insurance provider, keep excellent records, stay on top of the progress of your claim, take part in physical therapy and – if necessary – file an appeal. All these steps can take time. Meanwhile, your medical bills may be mounting and – depending on the severity of your injuries and your doctor’s orders as they relate to your work – you may be missing much-needed paychecks during your recovery. This is yet another reason why it’s wise to consult and potentially retain the services of an experienced Worker’s Compensation attorney, like those found at Edmonson Law Firm.

Best Case Scenario

Some of your timeline will depend on when you enlist the aid of an attorney who specializes in Worker’s Compensation – either after you’ve filed your claim or before. If it’s before and you make the decision to team up with an Edmonson attorney, we will file the claim with the State Board of Worker’s Compensation and contact your employer’s insurance company. We will help streamline the process of sending medical records, addressing their requests and mediating, when necessary. Among their requests may be an Independent Medical Exam (IME) with a doctor of their choosing. Many Worker’s Compensation claims can be settled within a matter of one to two months, depending on the complexities, quality of your records and capabilities of your attorney. (Your experience may be different!) According to a 2016 study from Martindale-Nolo Research, 73% of claimants received compensation through settlement or award, and the average compensation received for their injuries was $21,800. But – before you get too optimistic – some claims require a hearing while others are denied and must be appealed.

How Does a Denial Impact Your Timeline?

A 2018 Lockton Analytics study revealed that Worker’s Compensation claim denials were on the rise – to the tune of a 1.1% increase between 2013 and 2017, landing at nearly 7% of all claims being initially denied. In the event that you enlist our services after your claim has been denied, Edmonson Law Firm will file an appeal and request a hearing. We will most likely receive your hearing date the same day the request is made – which is typically one to two months out. However, it’s not unusual for there to be a log jam of cases and your hearing date may be moved a time or two (or three). Once your hearing has been scheduled, your employer’s insurance company will likely schedule a deposition to hear your sworn testimony and request all medical records for review. This is another instance where they may request that you undergo an Independent Medical Exam with their doctor. This could take several weeks to get on their schedule and several MORE weeks to receive their findings. This could all take 5 to 6 months to complete, after however many months you’ve already endured following the initial filing of your claim. Albeit rare, we’ve even heard of Worker’s Compensation cases that took as long as two years before a decision is reached and benefits are received. That same Lockton study showed that 67% of all claims that were initially denied were converted to paid claims within a year.

A Free Consultation with Edmonson Can Change Everything

While a trip to the ER or visit to your Primary Care Physician is your best first step after being involved in an on-the-job accident, your next best step should be to place a call to Edmonson Law Firm to schedule a free consultation. We’ll listen to the details of your case, and – in the event that it’s fairly cut and dry – will let you know whether or not you could benefit from our services. If your case is somewhat complex, we can do far more than streamline the process. We can help you file the claim, advocate on your behalf, work towards a settlement, negotiate further if we deem the settlement offering is less than fair, file an appeal if your claim is denied, and represent you during your hearing. Because we specialize in Worker’s Compensation cases, we can help you navigate what can be an extraordinarily complex process with relative ease. To seek the Worker’s Compensation benefits you are due, call the Worker’s Compensation attorneys at Edmonson Law Firm at 678-271-9111, email us at info@elf-legal.com or fill out our convenient online contact form and we will reach out to you within 24 hours.

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