If you’ve been hurt on the job in California, you might be wondering how long it will take to settle your workers’ compensation case. The answer depends on many things—like how serious the injury is, how willing the insurance company is to settle, and whether the case has to go to court. Some cases can wrap up quickly, while others can take over a year or more.
How Injury Complexity Affects Settlement Time
One of the biggest factors is the type and seriousness of your injury. If your injury is straightforward and you recover quickly, your case might settle in 6 to 12 months. But if your injury is severe and you need long-term treatment, the case could take 18 months or even several years.
Injuries that involve multiple body parts or need ongoing medical care take longer because doctors have to figure out your permanent condition first. This is known as “maximum medical improvement” (MMI). Until that’s reached, it’s hard to know the full value of your case.
Cumulative Trauma Adds Time
Cumulative trauma injuries happen over time from doing the same task again and again. Think of things like typing all day, lifting heavy items, or repeated exposure to loud noise. These cases take longer because they can be harder to prove.
Some common cumulative trauma injuries include:
- Carpal tunnel syndrome
- Rotator cuff tendonitis
- Hearing loss
- PTSD
- High blood pressure
- Heart disease
These injuries don’t always show up on X-rays, so extra medical opinions and evaluations are often needed.
Average Timeline Based on Case Type
Here’s a rough idea of how long different types of cases take:
- Simple cases: 6 to 12 months
- Moderate cases: 12 to 18 months
- Complex cases: 18 months to several years
Delays can happen if the insurance company denies the claim, if more medical testing is needed, or if the case goes to trial.
How Long Until You Get Paid?
After a settlement is agreed upon, you’ll usually receive your payment in about 30 days. This might be a lump sum or spread out over time, depending on the type of agreement you reach.
But before that happens, several things need to happen:
- You must reach MMI.
- Doctors must issue a permanent disability rating.
- You and the insurance company agree on benefits, or a judge decides.
How Much Is the Settlement?
Settlement amounts depend on your injury and how it affects your life. Here’s a general breakdown:
- Minor injuries: $2,000 to $20,000
- Moderate injuries: $20,000 to $80,000
- Severe injuries: $80,000 to several hundred thousand dollars
Things that can increase the value of your claim include the cost of future medical treatment, how much time you missed from work, and whether you can return to your old job.
TTD and Your Weekly Benefits
If you can’t work because of your injury, you might qualify for Temporary Total Disability (TTD) benefits. These are paid every two weeks and based on your average weekly pay.
For 2024:
- Minimum weekly benefit: $230.95
- Maximum weekly benefit: $1,611.78
Here’s how it works:
- If you earn less than the minimum, you still get the minimum.
- If you earn $900 a week, your TTD benefit is about $600 per week (two-thirds of your wage).
- If you earn more than $3,000 a week, your benefit is capped at the maximum.
These numbers are adjusted each year based on the Statewide Average Weekly Wage (SAWW).
What If the Case Goes to Trial?
Not every case settles quickly. If there are disagreements about the injury, benefits, or how much you should get, the case might go to trial. Workers’ comp trials don’t have juries. A judge listens to both sides and makes a decision.
Trials can take months to schedule and might stretch out over several days. If either side disagrees with the result, they can file an appeal, which adds more time.
What Affects Settlement Speed?
A few other things can speed up or slow down your case:
- Delays in medical evaluations
- Disputes over disability ratings
- Waiting for court dates
- Insurance company slow responses
- Whether you hire a lawyer
The more complicated the case, the more time it often takes. But having someone on your side who understands the system can help move things along.
Get Help with Your Work Injury Claim
Going through a workers’ compensation case can be stressful, especially when you’re trying to recover. If your case is dragging on or you’re unsure what to do next, it helps to talk to a lawyer who deals with this kind of work every day. A lawyer can deal with the paperwork, push back against insurance companies, and work to get you the money and treatment you deserve.
If you’ve been hurt at work in Los Angeles and need help with your workers’ comp claim, call (323) 954-1800 to speak with someone who can help you understand your next steps.