Length of a Los Angeles Workers’ Compensation Claim

Like many other types of claims, the length of a Los Angeles workers’ compensation claim will vary greatly depending on several factors, with some cases taking weeks to settle while others can take as long as a year or longer. Generally, the overall complexity of the case will dictate how long it takes to settle. Our workers’ comp attorneys could guide you through the legal process.

Factors That Can Impact the Length of a Workers’ Compensation Claim

Multiple factors might affect the length of a workers’ comp claim in Los Angeles, such as:

Extent of Injuries

More severe injuries will come with more damages, which could make processing a workers’ comp claim more time-consuming. The more extensive the injury, the more long-term care will be required to help the injured worker reach maximum medical improvement (MMI), which could make calculating future losses a more painstaking process.

Disputes With Employers and Insurers

Difficulties navigating the case with employers or negotiating with insurers may also delay a claim. For example, an employer may attempt to prove that an injury stemmed from a pre-existing condition and was not work-related, while insurers may try to make offers that are far lower than the case’s actual worth or claim that injuries do not appear to be as serious as they are.

Claim Denials

If insurers deny a claim, workers may choose to appeal the decision, further elongating the case timeline. Appeals could easily pile on months to a case and entail additional negotiations, along with the legal process and collecting additional evidence.

The Typical Case Timeline for Workers’ Comp Claims

The following is the average length of a Los Angeles workers’ compensation claim for each step in the process:

Getting Started With a Claim

This process can take around a week to complete. It begins with seeking medical treatment, reporting the injury to the employer, and completing DWC-1, California’s workers’ compensation claim form, followed by submitting a claim.

Investigating and Processing the Claim

After initiating the claim, it is time for insurers to investigate it. This part of the process tends to take up to a month to complete, but insurers have 90 days to make a decision regarding each claim. During the investigation, the insurer will look at all the relevant evidence, including medical records, accident reports, and statements from witnesses at the scene.

Making a Decision

After completing their investigation into a claim, insurers will either choose to approve or deny the claim, which can take anywhere from a month to as long as 12 weeks. If the insurer denies the claim, workers may be able to appeal the denial to try to recover compensation again.

Resolving the Case

Settling and receiving compensation through a case could take anywhere from three to 12 months, with more complex claims taking longer to settle.

Connect With Our Los Angeles Attorneys About the Length of Workers’ Comp Claims

Knowing the typical length of a Los Angeles workers’ compensation claim could help you better gauge how long your claims process might take to complete. If you would like help calculating the total amount of compensation you might be able to recover, or if you need assistance collecting and organizing evidence to support your claim, consider working with one of our attorneys.