Injured workers in California often wonder how long it will take to settle their workers’ comp case. The truth is there is no way to predict when a particular case will get resolved since it depends on many factors, such as the seriousness of the injury, the delays and denials of the insurance company, and etc. There are, however, some major factors that affect the amount of time necessary to get a case resolved.
Complexity of Injuries
A general rule of thumb is that the more serious the injuries are, the more time it will take to assemble the evidence necessary to present to a judge. Complex injuries usually require more time to heal and there may be multiple specialists involved.
When the injuries are stable, the case will then be ready to present to a judge for an Award of Permanent Disability.
Many cases are resolved before trial. Settlements can occur based on some of the following factors:
● The extent of permanent disability.
● The need for future medical care
● Whether you can return to your usual job
● Whether you can work at all
Cumulative Trauma Injuries
Workers’ compensation claims can also involve injury that occurs over time. Repetitive activities that may cause injury include:
● Typing and clicking a mouse
● Lifting
● Swiping
● Twisting, bending, or stretching
● Grasping, gripping, or straining
● Movements in a factory or production environment
● Climbing
● Prolonged exposure to certain toxins or chemicals
● Inhaling dangerous chemicals
These injuries may cause conditions like carpal tunnel syndrome (CTS), rotator cuff tendonitis, epicondylitis, back injuries, bursitis, lung damage, cancer, and other conditions.
Cumulative anxiety and stress may also cause conditions like PTSD, high blood pressure (HBP), heart disease, which can lead to digestion problems, insomnia, depression, sleep disorders, teeth grinding (bruxism), and sexual dysfunction.
Claimants who choose to wait for a better offer may end up in court, with their attorney trying to convince a judge to award them more benefits. Going to trial will increase the time it takes to settle a workers’ compensation claim.
Negotiations And Court Proceedings
If a workers’ comp case goes to trial, the final result could take months, particularly if an appeal is filed. A workers’ comp trial takes place in a hearing room with no jury. Sometimes, a trial takes more than one day.
The Next Step
Choosing a competent work injury lawyer in Orange County is the best way to make sure you receive all of the benefits you deserve. To discuss your claim with award-winning attorney Thomas F. Martin, call us today at 714-547-5025 or reach out to us online to schedule a free and confidential consultation.
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