If you’ve suffered a work-related injury, you may wonder how soon you can start collecting workers’ compensation benefits to offset your missing paychecks. The answer depends on several factors, including whether your initial claim is approved. If it is, you could begin receiving benefits in a few weeks. If it does not, the process could drag out much longer.
Unfortunately, many employers and insurance companies dig their heels in and deny responsibility when it comes time to pay. At Calhoon & Kaminsky P.C., our Pennsylvania workers’ comp attorneys are all too familiar with these tactics. We aggressively defend the rights and interests of the injured, demanding fair benefits in a timely manner for injured workers like you. Contact us today to learn more about the factors that can affect your work injury claim timeline and for help getting the benefits you’re entitled to.
How Does the Workers’ Compensation Settlement Process Work?
When you begin a valid workers’ comp claim after an occupational injury, you typically receive your medical benefits right away. Your healthcare expenses should be covered immediately. All you need to do is notify the doctor or hospital that you are seeking treatment for a covered, work-related condition. They should bill your employer’s workers’ comp insurance provider directly.
Once your health condition is no longer an emergency, you’ll need to begin the claim process. The first step is to notify your employer. After you inform your employer of the injury, they or the insurance company must investigate your claim and issue a determination within 21 days. Your employer has the right to require you to visit a healthcare provider of your choice.
If your claim is approved, you should begin receiving weekly wage loss benefits that replace up to two-thirds of your average, pre-injury weekly wages. And if you are permanently disabled, you may also be entitled to long-term partial or total disability benefits. You do not have to take this offer and can pursue a settlement instead. In that case, your lawyer would negotiate with the insurance provider to reach a mutually acceptable dollar value.
If your employer or insurer undervalues or rejects your claim, you have three years to file a request for review. When the Bureau of Workers’ Compensation (BWC) receives your request, it will schedule a hearing with an administrative law judge (ALJ). The ALJ will review the available evidence and make their own determination. If either party disagrees with the ALJ’s decision, they can file an appeal with the Bureau.
How Long Does a Workers’ Comp Investigation Take, and What Factors Affect It?
When you file a workers’ compensation claim in Pennsylvania, there is a good chance you will need to wait for your employer or the insurance provider to conduct an investigation before you receive the benefits you are owed. The BWC requires employers and carriers to initiate these investigations without delay and either approve or deny the claim within 21 days. However, certain factors can push back the resolution of your workers’ comp claim investigation, such as:
- How soon you notify your employer – You are expected to report work-related injuries to your employer within 21 days. If you fail to report within 120 days, you may not be able to claim any benefits at all. The sooner you report an injury to your employer, the sooner they can inform their provider and begin the investigation process.
- Whether the investigation gets extended – Employers and carriers are permitted to seek extension periods when investigations take longer than anticipated. If your claim is contested or complex, your employer or their provider may file a request to lengthen the investigation window to a total of 90 days.
- Your cooperation with the investigation– During the investigation, you may receive requests for medical records, incident reports, and other documentation to clarify and support your claim. If you cooperate by responding to these requests promptly, the investigation should conclude more quickly.
How Long Does It Take to Reach a Settlement for Workers’ Comp?
The timeline for a given workers’ comp settlement can vary dramatically depending on the circumstances. For a relatively simple, uncontested claim, you could begin collecting benefits within weeks of filing. But if you have a complex, costly case or your employer decides to challenge your claim, it could take months or even years to settle.
Keep in mind that a shorter timeline is not necessarily better. When you work with a workers’ comp lawyer, they will spend much of their time fighting to maximize the value of the benefits you receive. The negotiation process can be time-consuming. But sticking it out is often the best way to demand excellent terms for your settlement.
Tips for Maximizing Your Workers’ Comp Settlement
You can lay a strong foundation for your workers’ comp claim and increase the potential value of your settlement by:
- Seeking prompt medical attention and following your doctor’s orders
- Notifying your employer immediately and keeping a copy of the notice
- Writing down everything you remember and gathering evidence of the incident
- Allowing your attorney to handle all case-related communication on your behalf
- Not sharing photos or information online while your case is pending
How Long After a Workers’ Comp Settlement Do I Get Paid?
Exactly how long it will take you to get paid after your workers’ comp case is settled depends on the payment method. Once both parties agree to a workers’ comp settlement, it is up to you how you will collect your settlement money. If you opt for a lump-sum payment, you could receive the entire amount all at once — usually within four to eight weeks of settling. If you choose a structured settlement, you could collect smaller, predetermined amounts on a regular basis over time.
Each type of payment structure has its own advantages and disadvantages. You can discuss the specifics of your case with a knowledgeable workers’ comp lawyer to determine which option is right for you.
Contact an Experienced Workers’ Compensation Attorney in Pennsylvania Today
Negotiating a workers comp settlement can be complicated. But finding the right lawyer doesn’t have to be. Contact the team at Calhoon & Kaminsky P.C. today to learn what we can do for you in a free initial consultation.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
