Few processes will make you ask, “can’t we just get on with it?” like the workers’ compensation claims process. In fact, any insurance claims process can be a headache, but the end result of a successful claim is worth the trouble. This is to say, you’re entirely reasonable to want to know how long your workers’ compensation claim will take.
Here’s the truth: We can’t say for certain. Each claims process is unique and subject to variables that we can’t possibly predict. Some claims settle relatively quickly, possibly in a handful of weeks. When claims are complicated by nature or insurance companies decide to drag things out (which they far too often do), a claim can span several months or even cross the one-year threshold.
Efficiency is our standard operating procedure at Englander Peebles. We want injured workers to be fairly compensated, as open-ended claims add to the worker’s stress during an already stressful time. Whether you’re dealing with a workplace injury or seeking guidance from a Pompano Beach slip and fall lawyer, we are here to help. Call our firm today at (954)-500-4878 or contact us online so we can encourage (as only an attorney can) the liable insurance company to get on with it—and pay you what you deserve.
Key Takeaways: Workers’ Comp Claim Timeline
- Workers’ compensation cases can take anywhere from a few weeks to many months: The timeline can depend on the nature of the injury, available evidence, how quickly the claimant’s medical treatment stabilizes, and whether the insurer disputes any part of the claim
- Injuries that require extensive treatment usually require a longer claims process: You generally cannot settle before doctors understand the long-term effects of an injury (and the medical care needed to address those effects)
- Insurance companies can slow things down intentionally: Delays in communication, requests for extraneous paperwork, aggressive questioning, and lowball offers can all extend the process—and are all done to save the insurance company money
- Hiring an attorney may significantly speed up the process: While some factors are outside of our control, the attorneys at Englander Peebles eliminate all possible delays on our end—and we demand that insurers handle the claim in good faith, too
- Do not wait to engage your attorney from Englander Peebles: Waiting to do so can make you vulnerable to insurance companies with bad intentions and even cause you to miss critical filing deadlines
The Answer You Might Not Want: Predicting the Workers’ Compensation Claim Timeline Is Impossible
Englander Peebles is not one of those law firms that dishonestly tell you what you want to hear. We shoot our clients (and prospective clients) straight, and the truth is that we cannot predict precisely how long your claims process will take.
There’s no universal timeline for workers’ compensation cases because injuries develop differently, employers respond differently to reports of workplace injuries, and insurers—well, they’re utterly unpredictable.
What we can give you, though, is a timeframe.
In South Florida, quick cases often resolve within 30 to 60 days. Routine cases typically take three to six months. Uniquely complicated or disputed cases—particularly those involving surgery, long-term disability, or employer pushback—may take a year or longer.
You’re probably now wondering, “What separates the quick cases from the long ones?”
Factors That May Affect How Long Your Workers’ Compensation Claim Takes?
Every case has its own challenges and considerations. Still, a few specific issues frequently arise in Florida workers’ comp cases. They show up often enough that we can safely refer to them as “variables,” which may affect the timeline for your own workers’ comp claim.
These variables include:
The Severity of the Injury
Serious injuries take time to diagnose, treat, stabilize, and document. If doctors are still figuring out whether you’ll regain full mobility, whether you will need surgery, or how long before you can return to work (if at all), answering these questions may prolong your claim.
The Medical Documentation Process
Workers’ comp is a medical-document-driven process. Doctors typically must submit forms, accident details, and progress notes. Any delay in medical providers’ completion and submission of such paperwork can delay the entire claims process.
Disputes About Whether the Injury Is Work-Related
This is a massively important variable. If the liable insurer disputes whether your injury is work-related, they are questioning the very validity of your claim.
As your attorneys, we might find that insurers claim:
- Your injury did not happen at work
- You have a pre-existing condition (which could affect how much compensation you can receive through your claim)
- The event(s) that caused your injury never happened (or did not happen as you say)
- You were impaired
- You were engaged in horseplay
- You were involved in behavior that was not pertinent to your job
Such claims may be nothing more than thinly-veiled attempts by the insurance company to avoid financial responsibility for your valid claim.
The Degree of Employer Cooperation
Some employers drag their feet on paperwork, fail to report injuries promptly, don’t respond immediately to insurers’ requests, or minimize the severity of their employees’ injuries. Even if the employer does not have ill intent, their failure to prioritize your claim can cause unnecessary delays.
The Insurance Company’s Approach
It’s against the law in Florida for insurance companies to handle claims in bad faith. Yet, ethically questionable tactics from insurance companies are the norm. Several of these tactics, including intentional delays in the claims process, cause the injured party to wait longer than they should for compensation.
Who Can File a Workers’ Compensation Claim in Florida?
Before we explore the specific steps necessary to complete a workers’ comp claim, let’s address who might file one. Workers’ compensation isn’t just for people who work around heavy machinery. Anyone who suffers an injury while performing job duties may qualify to file a claim and receive benefits.
We know from experience that work-related injuries can happen in virtually any field, including:
- Healthcare
- Construction
- Professional services
- Hospitality
- Restaurants
- Warehouses
- Oil and gas
- Transportation and delivery
- The public sector
Transportation incidents and falls are among the leading work-related injury causes in Florida. The fact is, though, that work injuries can happen in countless ways, some of which are entirely unforeseeable and even freakish.
When these injuries happen, swift action on your part is key. Retain Englander Peebles as soon as possible so we can take control of the claims process from the start, ensuring everyone involved does their part to get you compensated.
The Steps in Filing and Resolving a Workers’ Compensation Claim
A successful workers’ compensation claim requires more than just filing one form and waiting for a check. It’s a process—and one that moves faster and more smoothly with an experienced, determined lawyer from Englander Peebles clearing the way.
While we may be unable to tell you how long your workers’ comp claim will take, here is the process you can expect to unfold after the injury happens:
Reporting the Injury
Florida law requires that you report the injury within 30 days unless a rare exception applies to your case. Any delay in reporting can give insurers an excuse to deny your claim.
If you have yet to report your injury, your lawyer from Englander Peebles will help you report in a way that is most advantageous for your claim.
Your Employer Reports the Injury to Their Insurance Provider
Your employer must report your injury to their workers’ comp insurance carrier within seven days of receiving your report. If your employer has not yet made this report, we will ensure they understand how urgent this is.
You Receive Benefits Information and Medical Authorization
Once your employer does their part, the insurer should send you a notification letter with information about benefits, adjuster contact information, and your approved medical providers.
You Undergo Medical Treatment and Evaluation
The medical evaluation and treatment stage may be among the most time-consuming steps in your claims process. Doctors must:
- Diagnose your injury
- Recommend treatment
- Administer treatment
- Follow up with you over time
Medical providers may order X-rays, MRIs, physical therapy, specialist consultations, surgery, and a host of other diagnostic measures and treatments. As you go through the healthcare ringer, the claims process may remain at a standstill.
Disputes or Denials
If the insurer disputes any aspect of your case, the claims process may suddenly come to a grinding halt. Your Florida workers’ comp attorney from Englander Peebles will gather all the necessary evidence and documentation to rebut the insurer’s dispute.
Settlement Negotiations
Once you reach a state of maximum medical improvement (MMI), settlement discussions can begin. Medical costs and lost income are among the losses typically covered by workers’ compensation insurance.
The Final Resolution
Your case resolves when you receive a fair settlement or a judge rules on disputed aspects of the claim. The Englander Peebles team will negotiate with the aim of securing the compensation you deserve, but we will be ready if the insurance company decides to put up a fight.
How Our Attorneys Race to Resolve Workers’ Compensation Claims as Efficiently as Possible
Attention to detail and thoroughness are non-negotiable at Englander Peebles. At the same time, we work urgently to resolve workers’ compensation claims because that is what our clients need from us.
In workers’ comp cases, the attorney’s role is not just legal—it’s logistical. We keep things moving, make sure deadlines are met, and push back against unnecessary delays.
Some of the ways that we keep workers’ comp claims on track are:
- Making sure all paperwork is filed immediately on the claimant’s end
- Promptly gathering and organizing all medical records
- Pushing insurers to make timely decisions regarding your claim
- Fighting back against unfair denials (and doing so decisively)
- Coordinating communication between doctors, employers, and insurers, as communication blocks can place a claim in quicksand
- Handling all appeals and hearings on your behalf (our prior experience makes us the ideal parties to do so)
Workers who go through the process alone are flying blind. Our extensive experience and training enable us to recognize when insurers are playing games, unnecessarily delaying, or trying to take advantage of an injured worker. We will not stand for such bad-faith tactics, and we will aggressively pursue the claim outcome you deserve.
What Covered Losses Should Injured Workers Get Compensation For?
The intent of Florida’s workers’ compensation-related laws is to “assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer.”
Those benefits typically cover:
- All medical costs associated with the work injury
- A portion of your lost income
- Disability-related benefits
- Vocational retraining
- Mileage reimbursements for your medical appointments
- Wrongful death benefits (if your loved one passed away because of a work injury)
Englander Peebles regularly represents grieving families in these cases, especially in construction, industrial, and transportation accidents across South Florida.
Frequently Asked Questions: Workers’ Compensation Claims
Work injuries trigger many questions, including:
1. What if my employer refuses to report my injury?
A lawyer may force your employer to comply or file the appropriate forms on your behalf. You should still report the injury in writing and seek medical attention immediately.
2. Can I see my own doctor instead of the workers’ comp doctor?
Usually not, unless you want to pay out of pocket. Workers’ comp requires approved doctors, but your lawyer from our team will challenge unfair evaluations.
3. Will filing a claim expose me to professional retaliation?
Florida law prohibits employers from retaliating against injured workers. If retaliation occurs, we will inform you of your legal options.
The Greatest Gift You Can Give Yourself Is a Workers’ Compensation Attorney from Englander Peebles. Call Today for Your Free Consultation.
The benefit of this particular gift is that you don’t have to pay anything out of your own pocket for it. Our Pompano Beach personal injury attorneys work on a contingency fee basis, meaning we will only receive a fee if we secure compensation for you—and we cover all upfront costs associated with your case.
Florida law gives injured workers a limited time to pursue benefits. Missing deadlines can permanently bar compensation. This alone is plenty of reason to call Englander Peebles now at (954) 500-4878 or contact us online to complete your free, no-obligation consultation.