Why Is Your Workers’ Compensation Case Taking So Long?

Why Workers’ Comp Claims Can Take So Long

If you’re in the middle of a workers’ compensation claim and feeling frustrated by the slow pace of your case, you’re not alone. As a Memphis workers’ compensation lawyer with over 40 years of experience, I’ve seen firsthand how delays in the process can make an already stressful situation even more difficult. So why is your workers’ compensation case taking so long?

While it may feel like your case is dragging on forever, there are several reasons why this can happen. In this post, I’ll explain some of the most common causes for delays in workers’ compensation cases and what you can do to move things forward.

Complicated Medical Evaluations and Treatment

One of the main reasons for your workers’ compensation case taking longer than expected could be the medical evaluations and treatment you need.

Workers’ comp claims often require detailed medical evidence to prove the extent of your injury and how it affects your ability to work. This can involve multiple doctor visits, medical tests, and even independent medical evaluations (IMEs).

Getting all that evidence can lead to all sorts of delays. For example, doctors may not provide their reports quickly enough. Or in many cases, you have to get approvals for the treatment, which can take extra time.

There’s a lot you can do in this situation:

• Stay proactive about your treatment and keep track of your medical appointments.
• Make sure you’re following through with all recommended treatments.
• Communicate with your doctors about the importance of timely medical reports.

You should also consider a workers’ compensation lawyer. We help gather and submit your medical records quickly so the insurance company has all the necessary information to make a decision.

Disputes Over the Extent of Your Injury

Another common reason for delays in workers’ compensation cases? Disputes over the severity or work-related nature of your injury.

The insurance company or your employer might challenge whether your injury is truly work-related. Or they could disagree with your injury’s severity. In either case, it can take longer to reach a resolution.

These disputes often lead to more paperwork, additional medical evaluations, and even hearings, all of which can slow down the process.

If you’re facing this type of delay, a lawyer can help gather the evidence needed to prove the severity of your injury and its connection to your work. We can also negotiate with the insurance company and represent you in hearings or appeals. All of this work makes sure your case moves forward as efficiently as possible.

The Insurance Company’s Delays

Here’s the big one: Insurance companies are often the main source of frustration when it comes to your workers’ compensation claim taking so long.

They can delay the process any number of ways:

• requesting more information
• conducting additional investigations, or simply
• not making a decision in a timely manner.

Sometimes, insurers may delay or deny your case entirely in hopes that you’ll give up or settle for a lower amount.

While you may not be able to control the insurance company’s actions, you can stay vigilant. Make sure you’re keeping track of all communication and deadlines. Your workers’ compensation lawyer can help you handle the insurance company’s delays by escalating the situation if necessary, negotiating on your behalf, and pushing for a fair and timely resolution.

In fact, we recently had to do just that…

Insurance- Related Workers’ Comp Delays: One Client’s Story

We recently had a workers’ comp case that was cut and dry. Our client works in landscaping. While loading trucks, he was hit in the head by a 300-pound log and experienced a serious injury.

As a full-time employee, he had every right and reason to get workers’ comp. There was 0% chance he could return to work. His injury affected his hearing and speech and led to constant headaches and ringing in his ears.

Perhaps worst of all, it caused him to struggle to articulate his thoughts. He was forced to bring his partner with him to medical and legal appointments to communicate.

Insurance wanted proof of the percentage of disability he experienced. And they questioned whether the injury would actually impact his work. We see it time and again: Their goal was to wear him down so he’d take whatever low amount they offer.

If you’re in this situation, don’t give up. That’s exactly what they’re hoping you’ll do. Instead, get a lawyer like he did and have them fight the insurance companies for you.

Administrative Backlog and Court Delays

Administrative backlog can also lead to delays. Workers’ compensation cases go through courts and state agencies. These organizations often have heavy caseloads, especially in times of high injury rates or budget cuts.

If your case is complex or requires a hearing, you may have to wait longer for a judge to review your case and make a decision.

Unfortunately, delays from administrative backlog are often out of your control. However, working with an experienced lawyer can help minimize delays by making sure you file all necessary documents correctly and promptly.

Your lawyer can also keep you updated on any expected delays and help you prepare for hearings or other proceedings.

Waiting for Settlement Offers or Negotiations

Finally, if you’re waiting for a settlement offer, the process can often take longer than expected.

Insurance companies and employers may take time to calculate a fair offer or negotiate with your lawyer to settle the case. Some settlements may involve lengthy negotiations, especially if the case is complex or the injury requires long-term treatment.

Be patient, but also stay informed. Your workers’ compensation lawyer can help you decide whether the offer is fair and reasonable.

If the settlement doesn’t meet your needs, your lawyer can advocate for you and push for a more appropriate settlement. It’s important to trust your lawyer’s judgment during this process, as they’re experienced in handling these types of negotiations.

Workers’ Compensation Case Taking Too Long? Get Legal Help Today

If your workers’ compensation case is taking longer than you anticipated, don’t give up or lose hope.

Workers’ compensation claims can be complex, but with the right legal support, you can move your case forward.

If you’re frustrated with the delays in your workers’ compensation claim, contact our Memphis workers’ compensation team. With over 40 years of experience, we have the expertise to handle the challenges of your case. We work diligently to get the benefits you deserve, and we don’t get paid a thing unless and until we win your case.

If you’ve been injured at work and don’t want to wait anymore, contact us today to discuss your case and learn how we can help move things along.