Call Now - Free Consultation
Call Now - Free Consultation
Hablamos Español
Google Star

2024 How Long Does a Workers’ Comp Case Take to Settle in California?

Diefer Law Group
How Long Does A Workers' Comp Case Take To Settle in California?

The workers’ compensation system exists to provide financial relief to injured workers while protecting employers from civil liability for their injured workers’ damages. If you have been hurt while working, a California workers’ comp lawyer is the ideal resource to consult. They can help you navigate the workers’ compensation claim filing case and potentially help resolve your claim much faster than you might expect.

Filing Your Workers’ Compensation Claim

Whenever you suffer an injury while working, or if you develop an illness that you are certain arose from your working conditions, you have the right to file a workers’ compensation claim through your employer. This is a specific type of insurance claim that will require your employer’s involvement, and as long as they uphold their responsibilities, it should be a relatively simple issue to resolve.

Once an employer becomes aware of a work-related injury, they are required to create an incident report and provide the employee with the materials they need to file their claim. If the employer does not fulfill these responsibilities or takes any direct adverse action against the employee, they can face legal penalties, including fines and liability for the employee’s civil damages.

If your employer handles your situation in good faith, they will provide you with the forms needed to file your claim. As part of this claim filing process, you will likely need to undergo a medical evaluation, and the workers’ compensation physician you see will assign you a disability rating that reflects the severity of your injury. This rating will also influence the amount you receive in benefits.

What to Expect From Your Workers’ Compensation Claim

The workers’ compensation claim process is a type of insurance claim process, and every insurer has the right and the responsibility to investigate a claim to ensure it is legitimate. While most handle claim investigations in good faith, others do not, and it is possible for an injured worker to encounter many different problems in their interactions with a workers’ compensation insurance carrier.

If everything goes smoothly and both your employer and their insurance company uphold their legal responsibilities with respect to your claim, it should only take a few weeks for you to receive a settlement offer from the insurance carrier. Having an experienced attorney on your side can significantly increase your claim’s timeline; the insurance company will be less inclined to attempt any bad-faith handling of your case if they notice that you have legal representation.

Ultimately, some injured workers invariably encounter problems that lengthen the time it takes for them to recover their workers’ compensation benefits. In some cases, workers’ compensation claims are contested to a level that requires litigation, and this could take several months to even more than a year to resolve.

The right attorney can not only streamline the claim filing process, but they can also help mitigate the impact of any disputes you encounter after filing your claim, and you are more likely to maximize your total compensation with their help as well. You could also have grounds for civil action outside of the workers’ compensation claim filing process in certain situations, and an attorney’s help can be essential for success in these legal efforts.

FAQs

Q: How Is a Workers’ Compensation Settlement Calculated?

A: Once a workers’ compensation claim is approved, the claimant can typically expect two types of compensation. First, the insurance company will pay for all the medical care they require for their injury. This includes ongoing rehabilitation for a severe injury. Second, they will receive disability benefits, and the amount they receive each week will depend on their previous earning level and the extent of the injury’s effects on their ability to work.

Q: How Long Does It Take to Get a Workers’ Comp Settlement?

A: Ideally, the entire workers’ compensation claim process should only take a few weeks from the initial filing of your claim until you receive your settlement offer. Having an experienced attorney’s help can dramatically reduce the time it takes to settle your claim. If you encounter any issues with your employer and/or their insurance carrier, your attorney can resolve these problems and ensure your claim is handled in good faith.

Q: Can I Sue My Employer?

A: Workers’ compensation insurance generally insulates an employer from civil liability for an injured worker’s damages, but only if they have appropriate insurance coverage. You may not be able to file a civil suit against an employer unless they do not have insurance as required by state law or unless they caused your injury directly, such as by compelling you to perform duties outside your usual job responsibilities that had virtual certainty to cause harm.

Q: What Is a Third-Party Claim?

A: While you will only have grounds to pursue a civil suit against your employer under very specific conditions, it is possible to have grounds for a civil suit against a third party outside of your work if they directly caused your work-related injury. An experienced workers’ comp lawyer can review the details of your injury and determine whether any third parties bear fault for your damages.

Q: How Much Does It Cost to Hire a California Workers’ Comp Lawyer?

A: Every attorney has a different billing policy, and it’s vital to verify your chosen attorney’s billing policy before agreeing to their representation. Some attorneys take workers’ compensation cases on contingency, meaning the client pays a percentage of their final settlement as their fee, and only if they win their case. Other attorneys charge by the hour, so the longer they must spend working on a case, the more it costs the client.

Diefer Law Group excels at helping clients resolve their complex workers’ compensation cases. We know you likely have many pressing legal questions after an injury at work, and we want to help you make clearer sense of your situation. Contact Diefer Law Group today to schedule a free consultation with a California workers’ comp lawyer you can trust.

Abel Fernandez

Abel Fernandez

Attorney Abel Fernandez believes in the aggressive representation of injured workers. Workers’ compensation law is a very difficult and frustrating area of the law. Employees routinely have medical treatment and benefits delayed or denied by insurance companies. Mr. Fernandez fights for the rights of the injured worker to get medical treatment and the maximum amount of benefits possible. We have experience fighting the insurance company and adjusters, and we are committed to obtaining the best outcome possible for our clients.


Fill Out the Form Below for a Free Consultation

Name(Required)
Preferred Language(Required)

By contacting Diefer Law Group, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material. Emails, text messages, and phone calls may be automatically generated using the information from this contact form to better coordinate communication. You understand that your consent to this is not necessary to obtain legal services from Diefer Law Group. Messaging and data rates may apply.

get your
free case
evaluation

Los Angeles
355 South Grand Avenue Suite 2450
Los Angeles, CA 90071

Riverside
6670 Alessandro Blvd Suite H,
Riverside CA, 92506

Irvine
2030 Main Street Suite 1356
Irvine, CA 92614

Dana Point
34204 Pacific Coast Highway
Dana Point, CA 92629

San Diego
12636 High Bluff Drive Suite 400
San Diego, CA 92130

WE HAVE OFFICES ALL OVER SOUTHERN CALIFORNIA

WE ARE TAKING IN-PERSON APPOINTMENTS ON A CASE-BY-CASE AND ARE AVAILABLE
FOR PHONE AND VIDEO CONSULTATIONS, PURSUANT TO THE SAFER AT HOME ORDER.

Diefer Law Group, P.C.

Irvine

2030 Main Street
Suite 1356
Irvine, CA 92614

(949) 799-1860

San Diego

12636 High Bluff Drive
Suite 400
San Diego, CA 92130

(619) 728-3990

Los Angeles

355 South Grand Avenue
Suite 2450
Los Angeles, CA 90071

(213) 973-6142

Riverside

6670 Alessandro Blvd
Suite H,
Riverside CA, 92506

(951) 470-1862

Dana Point

34204 Pacific Coast
Highway
Dana Point, CA 92629

(949) 799-1534

es_MXES
Scroll to Top

Let Us Help!

Fill Out the Form Below to Book Your Free, No Obligation Consultation

Request a Free Consultation

Name(Required)
Preferred Language(Required)

By contacting Diefer Law Group, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material. Emails, text messages, and phone calls may be automatically generated using the information from this contact form to better coordinate communication. You understand that your consent to this is not necessary to obtain legal services from Diefer Law Group. Messaging and data rates may apply.