How Long Does Workers’ Comp Take? (A 2024 Guide)
Summary
- Workers’ compensation provides benefits for work-related injuries
- When you receive compensation depends on where you live
Once you’ve filed a claim, workers’ compensation can take a few weeks to come in—but only if it’s filed correctly. Unfortunately, these claims are often denied for a variety of reasons, leaving workers struggling with injuries and mounting bills. So how long does workers’ comp take if you file an appeal?
The answer can depend greatly on whether you have an experienced lawyer helping you. At ConsumerShield, we’re dedicated to bringing you legal information and connecting you with leading lawyers.
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The Basics of Workers’ Compensation
Workers’ compensation is a form of insurance for workers who suffer work-related injuries. It offers help with covering expenses the worker experienced because of their injuries.
By accepting workers’ compensation, you waive your right to sue your employer. Workers’ compensation benefits vary from state to state, but the federal government oversees the insurance program. Workers’ compensation isn’t taxable.
Available Benefits
With workers’ compensation, you have the chance to get coverage for medical expenses. These can compensate you for all reasonable medical care that you need to recover from your workplace injury.
You can also receive partial wage compensation, which your state will calculate based on your weekly salary average. For example, California will pay two-thirds of your average salary. If you can’t return to work, you can claim permanent total disability as well.
Workers’ compensation also covers death expenses if a worker dies because of their work-related injuries. Family members can recover the benefits that the person would have received if they had lived.
Workers’ Compensation Eligibility
Most employers throughout the country are required to have workers’ compensation insurance. It needs to cover all employees, including those who are part-time and full-time workers, as well as trainees.
Texas is one of the only states that doesn't require private employers to carry workers’ comp insurance. There are other workers’ comp exemptions, though, especially related to government employees.
If your employer has workers’ compensation insurance and you suffer a work-related injury, you are likely eligible to claim workers’ comp.
When Does Workman’s Comp Start Paying? Understanding the Process
One of the best things about the workers’ comp process is that you can receive medical benefits immediately. Once you let your employer know of your injuries, they will tell you which healthcare provider to go to, depending on their insurance coverage. Your employer’s insurance will take care of your medical expenses.
When does workers’ comp start paying lost wages? That happens right after your claim is accepted, which can take at least a couple of weeks. The exact time period in which workers’ comp will offer a settlement will depend on the state in which you file. For example, Massachusetts gives insurance companies 14 days to investigate.
Before you receive the first payment for lost wages and other benefits, you will be sent a notice letting you know whether your claim was accepted or denied. All too often, people are faced with a denial.
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Why Workers’ Comp Claims Are Denied
There are a number of reasons why a claim could be denied. Insurers will look for any reason to keep from paying you, and that can include claiming you’re not an employee but an independent contractor or even a consultant.
If it’s impossible for them to claim that because you have a contract, they may try claiming that you caused your own injuries. And if you don’t present sufficient evidence, they could deny you based on that as well.
Sometimes, it may even be your employer who claims your injury was not work-related or that your injuries only happened because you broke company protocols. In all of these instances, you need a lawyer to help you.
How a Workers’ Compensation Lawyer Can Help You
How long does workers’ comp take? You may find yourself asking this question repeatedly as days pass and you continue struggling with bills. You may not know what your options are or what you should be doing to help your claim.
How you should proceed can be summed up in three words: hire a lawyer. With a workers’ compensation lawyer helping you, you have a better chance of quickly getting the help you need and deserve.
But when should you hire a lawyer, exactly? It’s helpful to get a lawyer from the start so that the process goes as smoothly as possible, but you can get representation at any point. If you are facing an appeal because you’ve been denied, the right thing to do is to hire an experienced lawyer.
A lawyer will be able to effectively negotiate with your employer’s insurance company to get you a fair settlement. If they deny your claim, your lawyer will gather the evidence to help prove your injuries are work-related and correctly file all of the paperwork related to the appeal.
They offer all of the support that you need throughout the process, no matter how long it takes. Best of all, these lawyers don’t cost anything up front.
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Contact Workers’ Compensation Lawyers After a Work Injury
Those who are struggling with injuries and the financial strain of lost wages have many questions and concerns. You’ll likely wonder things like, “How long does workers’ comp take?” and “When will I receive my workers’ comp check?”
There’s no straight answer here because of the complexity of a system that differs based on individual state rules. What you should know, however, is that having a lawyer helping you will make the process smoother and quicker.
At ConsumerShield, we offer legal counsel so that you can get answers to your questions about the workers’ compensation process. We can put you in contact with lawyers near you who provide the tenacious assistance you need. Contact our team at ConsumerShield to help yourself through the tough workers’ comp process.
Workers’ Compensation Knowledge Base
Read the latest information on Workers’ Compensation and find answers to your questions. Currently there are 18 topics about Workers’ Compensation Claims.
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How Long Does It Take
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Lawyers Wont Tell You
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When Offer Settlement
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Compensation Lawsuit
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Is Taxable
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Lawyers Chicago
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Lawyers Los Angeles
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Carpal Tunnel
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What Not To Do
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Settlements & Payouts
Workers’ Comp Settlement: What Can You Expect? (October 2024)
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Insurance Requirements
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Injury Lawyer
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Insurance Cost
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Workers Exemption
Frequently Asked Questions
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The waiting period can vary. However, depending on the state where you live, you can expect anywhere from two weeks to a couple of months to pass from the moment you file the claim. If your claim is denied, the time period is longer because you have to appeal.
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As with many workers’ comp factors, the answer depends on where you live. Some states, like California, have waiting periods as short as three days, while Massachusetts requires waiting periods of five days. Your lawyer can offer a clearer idea of the waiting period in your case.
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You receive workers’ compensation in the same way you receive your salary. If you got your wages weekly, your workers’ comp will likely be weekly, too.