Many workers are dismayed when a Tampa workers compensation lawyer tells them that it could take months until their claim settles. However, it is important to understand that you cannot hurry this process unless you want to lose your claim or settle for a lowball offer, leaving you still partially in debt.
Here are the most important reasons workers’ comp cases last so long.
1. The Nature or Severity of Your Injuries
In some cases, your attorney will not be able to calculate your benefits for months, because you are still under treatment for severe or catastrophic injuries. The lawyer will also have to wait until the doctor states that you reached maximum medical improvement, to assess if they have to help you file for disability benefits.
Also, if you need to file a claim for a repetitive stress injury or occupational disease, these two instances are highly contested by insurance companies. They will try very hard to prove that you were injured due to activities or conditions outside the workplace.
Also, they will place doubt on the diagnosis made by the first doctor you saw and send you to independent medical examinations. They hope that the workers comp doctor will find out that you are not as seriously injured as you claim.
2. The Evidence to Support Your Claim
In many Tampa workers compensation cases, the evidence supporting the injured workers’ claim is not easily available. For example, if there were no colleagues around to witness the accident, the insurance company would treat the claim as suspicious.
Also, if you went to the hospital before taking the drug test (which the employer has the right to administer), they will try to deny your claim because you must have been under the influence of alcohol or drugs.
In the meantime, your attorney will be trying to put together a solid case for you. This may involve:
- Locating CCTV cameras that may have recorded your accident.
- Hiring expert witnesses to support your claims.
3. Your Employer’s Actions
Any employer is obliged to report an employee’s accident to the insurance company and give the injured worker the necessary paperwork to fill in. Some employers do their duty diligently.
But others believe that they can get away with not reporting your accident. Thus, while you are recovering from the injury, you are not aware that time is ticking and you did not get the forms you need to fill in.
You must remember that you only have 2 years after the date of your accident to file a claim. If you don’t get any forms to fill in from your employer within several days after the accident, get in touch with the insurance company directly to report the injury and obtain the documents.
4. The Amount in Dispute
Workers’ compensation claims do not settle quickly because insurance companies will always start with a lowball offer and refuse to increase it, even with clear evidence available. Your Tampa workers comp attorney will have to negotiate over several weeks or months, presenting medical records, expert witnesses’ reports, and other available evidence to justify the amount they demand.
Since most of the claims settle for a lump sum or a structured settlement, the final amount can be significant if you suffered severe injuries and may need long-term medical care. Thus, if you want to get a fair settlement, covering all the benefits you are entitled to, you must be patient and let your lawyer negotiate with the insurer.
Contact an Experienced Tampa Workers Compensation Lawyer
Finally, the duration and outcome of your claim depend on the skill and experience of the Tampa workers compensation lawyer you hired to represent you. All the attorneys at our law firm have extensive experience in all types of workers comp cases, including overturning denied claims.
We fight for each client until we get the desired results and always work on a contingency fee basis – no fees until you get your settlement. We also offer each new client a free case evaluation, so call us today at 954-448-7355!
