How Long Does it Take to Negotiate a Workers’ Compensation Settlement?

If you work with an attorney, it typically takes around a year and a half to negotiate a workers’ compensation settlement in Georgia. If you try to handle negotiations independently, the negotiations may take less time, but generally, you receive less compensation for your losses.

An Atlanta workers’ compensation lawyer can explain the negotiation process and help you secure compensation for your medical expenses, lost pay, and other losses.

How Long Does It Take to Reach a Settlement for Workers’ Compensation?

The time it takes to get compensation after an accident at work will vary. However, you can expect negotiations to last around 17-18 months if you hire a lawyer to represent your best interests. Generally, you can expect everything to take longer if your accident causes a permanent disability.

It may take less time to settle your worker’s comp claim if you do not get legal help. In this case, you may wrap up the process in around 12-14 months. However, workers’ comp lawyers use the additional time to get the money you need through the compensation settlement process.

Your Atlanta personal injury lawyer can help you secure the funds you need to pay for your medical expenses, lost pay, and other expenses. Your attorney can give you more information about how long it takes to negotiate a workers’ compensation settlement.

Do You Need to Negotiate a Workers’ Compensation Claim?

Generally, you need to work with a lawyer to negotiate your workers’ comp settlement to ensure you secure fair compensation for all your losses. The first offer made by the insurer typically fails to cover all the expenses you face after an on-the-job accident.

Legal professionals strongly recommend that you avoid signing any settlement paperwork until you allow a lawyer to review it. Once you accept a settlement offer, you generally cannot go back and request additional compensation or a larger settlement.

Therefore, it’s generally in your best interests to have a lawyer review the paperwork, compare the offer to your losses, and begin negotiations. You do not have to try to handle workers’ comp negotiations alone. Instead, you can turn to a law firm with the experience and resources to represent your best interests.

Steps in a Workers’ Compensation Settlement

When determining how long it will take to negotiate your workers’ compensation settlement, it’s helpful to consider the steps your attorney must take to reach a settlement agreement. Your lawyer may:

Draft a Demand Letter

First, your attorney must draft a letter to the workers’ comp insurance company. The letter, which you must approve, will include the amount of money required to cover all the losses you experienced.

Review the Counteroffer

The insurer will likely send back a counteroffer after receiving your demand letter. Your attorney can review the offer and determine if it’s large enough to cover your medical care costs, replace the weekly wage losses you’ve incurred, and pay for any future expenses you’re facing.

Negotiate

Your lawyer can open negotiations if the initial offer doesn’t meet your needs. The negotiation process often includes sending offers back and forth multiple times until all parties reach a satisfactory agreement.

When Will Workers’ Comp Offer a Settlement?

Georgia’s workers’ comp system will offer a settlement if your personal injury lawyer can show that you sustained injuries or developed an illness while on the job. You can get help throughout the entire workers’ comp claims process from a professional legal team.

The SBWC Plays a Role in Negotiations

Your lawyer must send your settlement to the State Board of Workers Compensation (SBWC) for approval before you get compensation. The board reviews the settlement at a hearing, where a hearing officer or judge can:

• Go over the information in the settlement
• Ensure that you fully understand the agreement
• Find out if you accept the offered amount of compensation

The officer or judge may reject your settlement if they believe it fails to cover your losses. You must ensure you approve the amount offered in the settlement. Typically, you cannot request more compensation after the SBWC agrees with the deal.

An experienced workers’ compensation lawyer can help you understand the legal jargon contained in the settlement and compare it to your losses.

What Factors Affect How Long it Takes to Negotiate a Workers’ Compensation Settlement?

Several factors may shorten or extend the time it takes for you and your workers’ compensation attorney to reach a settlement. Taking the following factors into account can help you set expectations regarding the length of your workers’ comp claim:

Your Losses

The economic and non-economic losses you experience due to your workplace injury can impact the time it takes for your case to conclude. Calculating and seeking fair compensation may add to the amount of time it takes to conclude your case. You may need compensation for your:

• Emergency medical care, medical assessments, and required procedures
• Visits to the doctors and a stay in the hospital
• Prescription medications
• Costs of future medical treatment, like physical therapy and rehabilitation
• Lost pay and diminished earning potential
• The effects of a disability

It can also take longer to negotiate if you still receive medical treatment for your injuries. Your lawyer will want to account for future medical costs, so they might wait until a doctor can determine your maximum medical improvement before deciding on a fair settlement.

The Insurance Company’s Attempts to Delay Your Claim

Your employer and the insurance company may try to stall the negotiation process. They may try to delay matters in an attempt to avoid paying out full compensation. In some cases, they hope that if they drag things out long enough, you’ll give in and accept a subpar offer.

Workers’ comp lawyers can push back against these shady practices and guide you through the settlement process. You can get the support you need after an on-the-job accident by contacting a workers’ comp attorney immediately.

Local Workers’ Compensation Laws

Workers’ compensation laws can differ from state to state. Depending on your location, local rules and regulations may impact how long it takes to get your medical benefits and other forms of compensation. State workers’ compensation laws can also dictate how much time you have to file a workers’ comp claim.

According to the statute of limitations for workers’ compensation in Georgia, you have one year from the date of your accident to submit a claim. The sooner you contact the skilled attorney, the more likely you’ll meet this critical deadline and gain access to the worker’s comp benefits and monetary compensation you deserve for your work-related injuries.

Begin Workers’ Comp Negotiations with Our Team

How long does it take to negotiate a workers’ compensation settlement in Georgia? The negotiation process to secure compensation benefits may take around 18 months in many cases. A workers’ comp attorney from our team at John Foy & Associates has helped injured workers get fair compensation for over 20 years.

We’ve won over $1 billion for our clients and are fully prepared to provide the services you need to recover a fair settlement from insurance companies. Getting legal representation can give you the confidence you need to move forward after an accident. 

We can support you throughout the process and uphold your rights. Contact us today to set up a free consultation with an experienced attorney and learn more about handling settlement negotiations. We look forward to hearing from you soon.