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Why Do Workers’ Compensation Cases Take So Long to Resolve? What Can I Do to Speed Things Up?

Posted by Liz Delsa | Aug 29, 2024 | 0 Comments

You may have heard that resolving a workers' compensation dispute in Louisiana takes a long time. If you are considering filing a claim for benefits that your employer or insurer has refused to provide, you might also wonder if you can do anything to help move things along a bit faster.

As a general matter, claim disputes take a long time to resolve, and yes, there are some things you can do to help speed up the process.

Factors that Impact the Length of a Workers' Compensation Case

Workers' compensation cases can take a significant amount of time to resolve due to several factors, including:

- Investigation of the claim. Workers' compensation cases often require a thorough investigation to determine the compensability of the claim and the extent of the injury. This investigation can involve taking witness statements, obtaining and reviewing medical records, and consulting with experts.

-The extent of injuries. The nature of the injury and duration of the treatment can significantly impact the length of the case. Typically, the more extensive an injury, the longer it will take as it may take time for the doctors to assess the nature of the injury, develop a treatment plan, monitor progress, and determine the potential long-term effects. It is generally not advisable to resolve a claim prior to reaching maximum medical improvement as the long term effects of an injury might not yet be known, which can impact the valuation of a claim.

- Administrative processes. Workers' compensation cases are subject to specific rules and procedures that must be followed. These processes include the submission and approval for medical treatment. Also, in

some cases, there may be disputes between the injured worker and the employer or insurance company regarding different things, including the compensability of the accident, extent of injury, ability to work, and compensation rate to just name a few. There is a process for filing claims, responding to claims, as well as conducting discovery and participating in hearings before the Office of Workers' Compensation, all of which takes time. In all workers' compensation disputes that proceed to a full hearing on the merits can easily take more than a year to resolve.

- Negotiations and Settlement. Workers' compensation cases often involve negotiations between the injured workers and their employer and/or insurance company. These negotiations can take time.

What You Can Do to Speed Things Up

While often the speed of your workers' compensation case is dependent upon factors beyond your control, there are a few things you can do to speed up the process, including:

- Report your injury immediately. If you are involved in a work-related accident, it is important to notify your employer as soon as possible. If you fail to report it promptly, this may result in delays associated with the investigation of the claim.

- Seek medical attention immediately and attend your medical appointments. Obtaining prompt medical treatment ensures your injures are properly documented and you receive the appropriate care to address your injuries.

- Document everything. Report your injury in writing and obtain a copy of any incident/accident report. Also, document any conversations, interactions, or incidents related to your claim, including the name(s) of any witnesses who saw your accident. These records can serve as evidence and support your case.

- Cooperate with any investigation. Please ensure you are cooperative and responsive during any investigations conducted by your employer or insurance companies. Provide requested information and documentation in a timely manner to avoid any unnecessary delays.

-Hire an experienced workers' compensation attorney. Consulting with and hiring an experienced workers' compensation attorney can help ensure your case moves forward in a timely and efficient manner. Your attorney can also provide guidance on potential strategies to speed up the resolution of your case as well as maximizing your recovery when it comes to settlement negotiations.

- Communicate with your attorney. If you hire an attorney, it is important you maintain open and clear communication with your attorney. Make sure you keep them informed of any developments, changes in your medical condition or work status, or new information that might impact your case. It is also important you provide your attorney with any requested documentation or information to aid in their representation. The longer you take to provide answers or documents, the longer your case will take.

Delsa Law Firm, LLC, Can Help

Attorney Ben Delsa has years of experience helping hard-working people like you fight for the workers' compensation benefits in Louisiana they're entitled to under the law. No matter where you live, whether in the New Orleans area or over the state line in Mississippi, if you work in Louisiana and have been injured in a workplace accident, you're very likely entitled to Louisiana workers' compensation benefits. Attorney Delsa can help you ensure you receive the medical care and compensation you deserve. The firm is conveniently located just off I-12 in Slidell. Contact the Delsa Law Firm, LLC, today at (985) 882-1222 or use the online form to set up a free, confidential consultation.

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