How to Speed Up a Workers Comp Claim That’s Taking Too Long
In the aftermath, you’ll probably have many things to worry about in addition to your pain, from medical bills to time away from work, dealing with difficult insurance providers – and possibly adjusting to living with a disability.
Nothing can make the situation more devastating than a worker’s compensation claim that’s taking ages to settle. Thankfully, there are several things you can do to speed things up and perhaps get the much-needed compensation you deserve for your pain and suffering.
Here are some tips on how to speed up a worker’s comp that’s taking more time to settle than anticipated.
Understand Common Reasons Why Workers Comp Claims Delay
Claims may take a long time to settle for various reasons. It could be that the insurer is waiting on medical records, or simply doesn’t agree with the injury and amount being claimed. Your claim may also take longer to settle due to backlogs in the claims processing system, for instance, where there are many claimants in line before you.
At times, delays could stem from legal wrangling between the parties involved, ie you, the employer, and the insurer. This is especially common in instances where investigations relating to fraud or suspicious practices by other parties present during the workplace accident are required, for instance.
Finally, the workers’ compensation case process involves several crucial steps that an employee has to follow, and these may vary from one state to the other. In a nutshell, some potential reasons your claim could be taking a lifetime to settle may include:
- Bad faith by insurers
- Uncooperative employers
- Little or no evidence of the accident/injuries
- Whether a hearing or litigation is required
- Pre-existing medical conditions
- Coverage disputes
Gather All Necessary Documentation and Proof of Injury
Proof of injury is a fundamental requirement for any workers comp claim. This includes medical records and reports from your doctor, and an official response from your employer regarding the incident in question.
It’s also important to have pay stubs displaying your income before and after said injuries occurred, plus any other relevant documents to verify damages incurred due to workplace negligence or fault by others.
if available, Photographs can count as documentary evidence for workplace injuries. It’s always a plus to provide these if you have some, especially photos of your injury or the scene of the workplace accident soon after.
Finally, you’ll want to make sure that every single document you provide is accurate and true, fake or false information can seriously delay matters if not land you in unnecessary legal trouble.
Reach Out To a Workplace Injury Lawyer to Help Push Things Forward
While it’s possible to pursue a worker’s comp claim on your own, just like other common workplace disputes, it’s always advisable to seek help from a legal practitioner, especially if your claim is taking too long to settle out of court. At the very least, a good attorney can serve as an intermediary and negotiator.
They have the experience it takes to gather any missing evidence, spot flaws, and persuade the insurer to settle the matter out of court before it gets costly for them.
From court filings to appeals and negotiating fair payouts, attaining proper advice from experienced attorneys specializing in this area could prove essential in moving things along in the right direction.
Monitor Status Regularly – Stay on Top of the Process to Ensure Prompt Progress
When pursuing worker’s comp, it helps to stay updated regarding your claim status. Unless overdone, actively seeking regular updates from your insurer or employer in writing, via calls, or email shouldn’t come out as pestering.
Remember, it’s within your rights you’re exercising, something that employers and insurance companies know all too well. Plus, it might help prevent your claim from being sidelined by the ones in charge of processing.
Indeed, workers’ compensation claims can sometimes take what you’d consider too long to settle. With the right approach, however, you can minimize delays, get things back in motion, and receive decent compensation for your pain and suffering in not so long!
Soruce : https://www.lawyer-monthly.com/2023/03/how-to-speed-up-a-workers-comp-claim-thats-taking-too-long-to-settle/