How Long Does It Take to Settle a Workers’ Comp Claim?

Ward Black Law | | Workers' Compensation

In North Carolina, workers injured on the job could be eligible for workers’ compensation benefits. Your employers’ workers’ compensation insurance policy pays these benefits. They can provide medical care and replace some of the wages you miss out on due to your injury or occupational illness.

The insurance company might offer to pay your medical bills and disability benefits. While you could accept what they offer, you might also choose to seek a settlement that could provide more money. That is often wise if what your employer and their insurer offer is not enough to cover all of your current and future medical expenses, lost wages, and more.

To understand how long the process might take, it’s crucial to understand the difference between workers’ compensation claims and personal injury claims and the typical settlement timeline.

Differences Between Workers’ Compensation and Personal Injury Settlements

The question of fault is one of the most important differences between a workers’ comp settlement and a personal injury settlement.

In a workers’ comp case, you do not have to prove that anyone else was at fault to obtain compensation. You could receive compensation even if you were at fault.

In North Carolina, you must prove that another party was at fault in a personal injury case. The court might reject your claim based on contributory negligence if you were at fault yourself.

Medical expenses are typically covered in both workers’ comp and personal injury cases. However, only a portion of lost wages is recoverable in a workers’ comp settlement, whereas the total value of lost wages can be available in a personal injury settlement. Finally, compensation for pain and suffering is available in a personal injury case but is not a workers’ comp case.

How Long Does a Workers’ Compensation Settlement Take?

A study from Martindale-Nolo Research suggests most workers’ comp cases take an average of 15.7 months to settle, and fewer than 20 percent of cases settle within six months.

Keep in mind that a faster settlement isn’t always a better one. An experienced workers’ comp attorney will take as much time as needed to fight for the benefits you deserve.

What Factors Affect the Average Time to Settle a Workers’ Comp Case?

Any of the following factors could affect the amount of time it takes to settle your workers’ comp case:

  • The type and severity of your injuries
  • How long does it take you to recover
  • Whether you are left with a long-term or permanent disability
  • Whether your employer or their insurer disputes your claim
  • Whether you are forced to file for a hearing or appeal

Common Delays for Workers’ Comp Cases

Here are some common reasons workers’ comp settlements are delayed:

  • You made a mistake in your claim paperwork.
  • Your employer delayed reporting your work injury.
  • The insurance company tries to deny your claim.
  • Your doctor made an examination or reporting error.
  • Your claim requires a hearing or appeal to resolve.

How Do I Reach a Workers’ Compensation Settlement in North Carolina?

To file your claim for workers’ comp benefits in North Carolina:

  • Notify your employer of your workplace injury in writing within 30 days.
  • Seek prompt medical care from an employer-approved physician.
  • Follow your doctor’s orders and attend all follow-up appointments.
  • Gather as much evidence of the accident as possible.
  • Fill out Form 18 and submit it to the North Carolina Industrial Commission.
  • Engage in settlement negotiations and request a hearing or appeal, if necessary.

Contact Our Experienced NC Workers’ Comp Attorneys Today

If you were injured in a North Carolina workplace accident, call or text (336) 333-2244 or contact the knowledgeable attorneys of Ward Black Law online for your free case review. We can help you understand your rights and review your options for seeking compensation at no charge.