Workers’ compensation settlements are intentionally designed as a slower process to allow both parties time to fully evaluate the case and ensure fair compensation. Knowing when workers’ comp settles can help you manage your expectations and make informed decisions throughout the workers’ compensation process. Learn more about how long workers’ comp typically takes to settle in Nebraska and a common workers’ comp settlement check timeline below.
- Will you always get a settlement from workers’ comp?
- When do you get a settlement offer from workers’ comp?
- How long does a workers’ comp settlement take?
- Which cases typically end in settlements?
- How do you get a workers’ comp settlement faster?
Will You Always Get a Settlement From Workers’ Comp?
You can get a settlement from your workers’ comp case, but they’re not always offered. Workers’ compensation insurance companies and their adjusters cannot be sued for bad faith in Nebraska and are not obligated to tell the injured worker the rights that they have. Workers’ comp would want to settle with eligible employees for several reasons—to reduce financial unpredictability, resolve disputes without prolonged litigation, and to allow both parties to move forward faster. However, insurance companies may sometimes feel the costs of ongoing workers’ comp benefits are more favorable.
Factors influencing whether a workers’ comp payout is offered include an injury’s severity, the cost of medical needs, the extent of lost wages, and the injury’s potential long-term effects. While it’s possible to receive a workers’ compensation settlement without a lawyer, having a Nebraska workers’ comp attorney can help you negotiate the best possible outcome.
When Do You Get a Settlement Offer From Workers’ Comp?
Workers’ comp settlements can be offered at different stages depending on the type of injury claim. The most common points at which settlement offers are made are during the initial filing, pre-trial discovery, or in the middle of a trial.
However, timelines for these offers can vary significantly based on the state’s laws and the case’s circumstances. Many times, a settlement offer is never made, so after two years from the last date of benefits paid by the insurance company in Nebraska, the case is closed forever. In Nebraska workers’ compensation lawsuits where settlement offers are made, it’s usually after the injured worker reaches Maximum Medical Improvement (MMI). This is a common time for settlement discussions, as it gives both parties a clearer understanding of the long-term impact of the injury.
How Long Does a Workers’ Comp Settlement Take?
Each claim is different, with the workers’ comp settlement timeline depending on injury severity, medical treatments, and insurance negotiations, but if an offer is made, you can expect anywhere from one to three months for a workers’ comp settlement and three to nine weeks until you get paid after the settlement. Understand how workers’ comp settlements work with this workers’ comp timeline.
Step 1: Injury Reporting
The first thing to do after a workplace injury is immediately notify your employer. In Nebraska, work-related injuries should be reported “as soon as [is] practical.” After receiving notice, the employer is required by law to submit a Report of Injury to the Division of Workers’ Compensation.
Step 2: Medical Evaluation & Treatment
Once you file for workers’ compensation, you should undergo a medical evaluation to assess the extent of your injuries. Treatment should begin immediately. The insurance company may monitor your progress during this phase to determine the best future course of action to save them money. If you receive a workers’ comp claim denial at this time (or throughout the workers’ comp claim process), contact a workers’ comp lawyer in Nebraska and prepare to appeal the decision.
Step 3: Injury Recovery
During the recovery phase, you may continue treatment or undergo surgeries, depending on the severity of your injury. After reaching MMI, you may be eligible to utilize vocational rehabilitation services. Your progress will be tracked, and your employer’s insurance provider will consider your medical status when making settlement decisions. Workplace injuries can include everything from short-term strains and broken bones to long-term disability, so the timeline for recovery will greatly vary.
Step 4: End of Treatment
Once you reach Maximum Medical Improvement (MMI), your treatment may come to an end, or you may need ongoing care. Your doctor may assess your condition to identify any permanent limitations or ongoing care needs, if requested, which may then be factored into your settlement offer.
Step 5: Settlement Approval
Once all medical evaluations are complete and the details of your case are clear, the insurance company could propose a settlement offer. This offer may account for medical expenses and potential future care.
Once agreed upon, the settlement will be processed, and after it’s filed with the Nebraska Workers’ Compensation Court and an order is issued approving the settlement, you will receive your payment. After agreeing to a settlement, it can take additional time for the final paperwork to be processed and payments to be issued, typically within 30 days after the order is issued. However, the payments might extend longer, especially for structured settlements or if ongoing medical care is needed.
Which Workers’ Comp Cases Typically End in Settlements?
Workers’ compensation cases that typically end in settlements are those where the injured employee has sustained a permanent disability or impairment, a significant injury requiring long-term medical care, or in instances with ongoing benefits payments.
Permanent Disability Claims
A permanent disability refers to an injury that significantly impacts a worker’s ability to earn a living in the future. This can be due to a severe injury that causes long-term physical or mental impairment. There are two main types of permanent disability for workers’ compensation cases in Nebraska:
- Permanent Partial Disability (PPD): An injury that partially impairs the worker’s ability to perform certain tasks but doesn’t completely prevent them from working.
- Permanent Total Disability (PTD): A more severe injury that completely prevents a worker from returning to employment.
Settlements for permanent disability cases are often essential because the injury is unlikely to be fully resolved. By settling, workers avoid ongoing claims or future disputes regarding continued benefits. Without a settlement, the worker may continue dealing with periodic medical evaluations and claims for future compensation.
In Nebraska, workers who are permanently disabled may be entitled to substantial benefits. PPD cases may involve a lump sum payment based on the impairment rating, while PTD cases may offer lifelong workers’ comp benefits.
Complex Medical Cases
A complex medical case involves a situation where the injury is severe and requires extensive treatment, rehabilitation, or long-term care. These are typically cases involving spinal injuries, traumatic brain injuries, or other severe physical or neurological damage. Because these injuries require continued medical attention, treatment costs can add up over time, making it crucial to seek a fair settlement.
Settlements in complex medical cases provide immediate financial support for treatment and rehabilitation while helping to cover current and future medical costs. Workers in Nebraska dealing with complex medical issues can often negotiate settlements that reflect lifelong injury costs. These settlements prevent the need to file frequent claims to cover future treatments.
High-Value Claims
High-value claims refer to workers’ compensation cases where a claim’s potential value is significant due to the severity of the injury, the length of recovery, the cost of ongoing medical care, and how much the injured workers was paid. For example, an injury that results in a permanent disability or requires lifelong medical care will lead to a high-value claim.
The higher potential recoverable damages your workplace injury lawsuit has, the more likely a settlement offer will be made. Settling high-value claims is often a practical solution for both the worker and the insurance company, as it avoids the exhausting litigation process while providing an immediate lump sum to cover lost wages and current and future expenses.
How Do You Get a Workers’ Comp Settlement Faster?
Although the workers’ compensation process can be slow, there are ways to help speed things up. By staying organized, providing accurate information, and working with professionals, you may be able to quickly receive the compensation you deserve. Here are three main ways to expedite your work injury lawsuit settlement.
Meet All Deadlines
One of the most common mistakes to avoid when filing a workers’ comp claim is failing to properly report your accident. Missing deadlines can significantly slow the process, so stay on top of Nebraska’s injury claim deadlines to ensure that all medical evaluations, paperwork, and forms are filed correctly and on time.
Provide Complete & Accurate Information
Providing accurate, detailed documentation is crucial when seeking a quick settlement. Ensure your injury records, medical reports, and supporting evidence are thorough and well-organized. When filing an injury claim, provide a complete and precise description of your injury rather than just a summary. Additionally, you might have to disclose any pre-existing conditions or injuries, as these could significantly impact your case and the claims process.
Seek Professional Advice
Hiring a workers’ comp lawyer near you can help you navigate the legal system more efficiently, while consulting with the claims adjuster whose interests are against yours may not be helpful. Legal experts can guide you through the complexities of Nebraska’s workers compensation laws and court, ensure that your settlement offer is fair, and advocate on your behalf, helping to speed things up and secure a better outcome.
If you need to hire a workers’ comp lawyer in Omaha, check out our approach to workers’ comp and call (402) 393-7529 to schedule a free consultation with Dyer Law’s experienced workers’ compensation attorneys.
The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with an experienced personal injury lawyer near you to discuss the specific details of your case.