A worker’s comp arrangement is one that many employers provide to avoid the complexities of a trial during an accident. However, one of the concerns with workers comp settlements in MN is the time needed for one. Each claim is unique and will factor in the circumstances causing the injury. There are steps you can take to make the process faster.
Osterbauer Law Firm is the best workers compensation attorney in Minnesota. We’ve handled all types of cases and understand the nuances within them. Contact us today, and learn more about our process without any obligation on your end.
The Settlement Time
One of the key differences between workers’ comp and personal injury cases is negligence. In the usual scenario, the victim has to prove that the other party was at fault. The accused’s misjudgment resulted in the accident that led to the case. When that happens, there needs to be substantial proof backing that claim.
It also means that there is a lot of back and forth between the two parties. Often these discussions will be commonplace among your lawyers and the other party’s insurance company. They will also bring legal professionals to try and minimize the damage.
A workers’ comp claim operates differently. It does not need to look into negligence because there is an initial agreement that no one would seek out who’s at fault for the case. It’s intended to protect both parties by mitigating the risk of unknown factors.
Due to this, workers’ compensation cases often take somewhere between several weeks to two years. However, it is rare even for non-negligence cases to resolve quickly. It is because there is often an issue on one side. Whether it is the settlement agreement, the terms, or others, it can get complicated.
It is why you need professionals at your side to guide you. It can be tempting to try and get the initial offer right away if you need it, but you could be cutting yourself short. Cases like this need scrutiny to determine the value to cover all losses incurred. There is no need to rush the process if they are likely to pay anyway.
Osterbauer Law Firm understands this well, and we can build a solid case that ensures the compensation you need. Consult with us, and we can begin the path to a proper worker’s comp settlement.
The Factors that Affect Settlement Time
Your employer’s legal representation will often minimize the damage, which is not beneficial for you. That means they could end up not giving the right amount for a profit. They will try to negotiate better terms which can cause immense pressure. We can handle all negotiations with them and see if they’re undercutting you.
Negotiation can often delay the settlement. Here are some other factors:
- Injury Recovery: Most of the time, the patient needs to recover part of the damage before they’re able to face the courts during settlement. It’s also for the best as more time guarantees a better understanding of the medical costs.
- Injury Analysis: Lawyers like us will bring in specialists to estimate damages. Aside from the physical aspect, we must also consider the mental and emotional trauma.
- Multiple parties: If more than one company or law firm connects to the case, it can take longer. It is because negotiations get more levels with everyone needing to agree.
- Personal prerogative: Your option to accept the funds or negotiate better terms will also impact the timeframe. We do not recommend rushing it as it will only hurt the results.
- Hearings: If there is a disagreement, the court needs to get involved. Hearings can lengthen the case. There could be multiple of them or delays in between.
- Appeals: Even after the courts decide on your case, it is not the end. You have the option to appeal and try to change the outcome. However, this will also lengthen the case’s time.
Delays and Disagreements are Common
Disagreements are quite common, even if no negligence is involved. For one, the insurance company is also out to try and minimize the damage. One of the most common problems that people encounter is during medical analysis.
As a part of the settlement, the victim has to get an examination from a doctor approved by them. They do this on behalf of the employer or their legal team. It often causes disagreements when it comes to ascertaining the extent of the damage. Since impairment is a factor in receiving workers’ comp, it is one of the things that can cause a delay.
It’s not only limited to it. Here are some other things you’ll have to be wary about during settlements:
- Slow responses
- Changes in appointment schedules
- Overlooked requests
- Lack of a response from other parties
- Problems trying to get a hold of the people needed for the case’s resolution
The good news is that you won’t have to experience the brunt of that with us. Osterbauer Law Firm will aggressively fight to ensure your rights. We also have connections and strategies that will help shorten the process.
Work with Osterbauer Law Firm
Osterbauer Law Firm’s goal is to provide those in need with representation for their workers’ comp cases. You don’t even have to worry about any fees until we’ve secured the rightful compensation you deserve. Work Comp Settlements in MN may seem complex, but we understand them completely. As the best workers compensation attorney in Minnesota, we strive to provide you with the best options for your case.