How Long Does a Workers’ Compensation Case Take to Settle?

November 17, 2020
How Long Does a Workers' Compensation Case Take to Settle? Injured in a wheelchair

If you’re injured on the job, it can be one of your biggest worries. And truth be told, the answer is different for everybody; it can be a short process or it can last for a long time. But if you’re curious to know what factors contribute to a short or extensive workers’ compensation case in Florida, then continue reading below. While you may not necessarily know how long it can take for you, you can at least get a rough estimate as to how long a workers’ compensation case can take to settle.

The Florida Workers’ Compensation Process

The Florida Workers’ Compensation Process is a multi-faceted process. For this reason, multiple factors are in play while your case is being settled. The steps of the process include:

  • Employee Reports The Injury
    • When injured on the job, you must report your injury within 30 days. (failure to report can result in denial of benefits).
  • Employee Gets Medical Treatment
    • Your work-related injury must be treated by a health care provider that’s authorized by the employer and its workers’ compensation insurer or carrier. If your work-related injury requires emergency treatment, you should go to the nearest hospital or clinic for treatment.
  • Employer Reports The Injury
    • Your injury must be reported to the workers’ compensation carrier within 7 days after the injury is reported.
  • Workers’ Compensation Carrier Sends Information Packet to Injured Employee
    • The packet should be sent within 3 days after the injury is reported to the carrier. It will contain a copy of the accident report and information about the employee’s rights.
  • The Claim is Accepted
    • the first benefits check will be issued by the carrier within 21 days after an injury is reported. The amount will typically depend on whether the employee is entitled to temporary total disability or temporary partial disability benefits and if the injury is considered “critical.”
  • Employee Files Petition For Workers’ Compensation Benefits
    • The claim must be filed by the employee within two years after the injury has occurred. The petition is filed with the Office of the Judges of Compensation Claims (OJCC). Copies must be served on the employer and workers’ compensation carrier (and their attorneys).
  • Workers’ Compensation Carrier Responds to Petition
    • Within 14 days after the Petition is filed, the carrier must either agree to pay benefits or file and serve a response.
  • Dispute Goes to Mediation
    • In most cases, the OJCC will order a case to go to mediation, to which it must be held within 130 days after the Petition filing date.
  • Case is Settled
    • The final agreement can be reached at mediation. It can either result in a lump sum payment of benefits (including interest) or a schedule of payments.

How Long Does a Workers’ Compensation Case Take to Settle?

As you can tell from the listed process above, it can likely take a while for your workers’ compensation case to settle. It can take from weeks to possibly up to 2 years before it’s finally settled. However, as you can tell from some of the steps above, the length of the process is partially contributed by you. You have certain time limits to report your accident and file a petition. And the quicker you perform these steps, the sooner you can receive your workers’ compensation benefits.

Contact OPN For Their Professional Assistance

Our Pharmacy Network has been providing pharmaceutical delivery services to patrons of South Florida for many years. But other than pharmaceutical delivery, they’ve also assisted patrons by providing them with expert help provided by Florida workers’ compensation attorneys. If you’re troubled by the Florida workers’ compensation process due to legal disputes, don’t hesitate at all in contacting Our Pharmacy Network. For any inquiries, you may call us at 844.238.9313 or visit our contact page.

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