When you file for workers’ compensation in Texas, you never know how the case is going to go. There’s a lot of variance between employers and their insurance companies. The case could take anywhere from a month to over a year to settle, and working with a work injury lawyer will give you the best chance of settling as soon as possible. Below, we’re going to go through the steps that may come up when you file for workers’ compensation in Texas.
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Work Injury Lawyer: How Long Does a Workplace Injury Case Usually Take?
1. Reporting Your Injury and Getting Help
When you’re injured at work, you have 30 days to report this to your employer. Ideally, you’ll do it within the first couple of days after the injury occurs. Understandably, you may take an extra week or two to inform your employer, though, as the important thing right now is healing.
You should be checked out by an approved physician so they can treat your injuries. They’ll also need to specify what your injuries are and how they occurred. You’ll need to keep copies of your medical bills and all documents related to your treatment.
2. Discussions With the Insurance Company
You should contact an attorney as soon as possible after the first within the first 30 days. Generally, it’s best to get an attorney involved within the first two weeks. The best work injury attorney Houston TX has to offer can help you go through the correct process of filing a workers’ compensation claim.
Your lawyer can also help negotiate the insurance company up to a reasonable settlement based on your physical injuries, lost income, future medical costs, emotional damages, PTSD, and more. The insurance company generally won’t take more than two weeks to make its decision. If they approve the claim, then they’ll prepare to mail your first check.
3. Your First Check Arrives
It can take up to 8 weeks for you to get your first check from the insurance company if the company approves your claim. Simple claims with minimal back and forth between the insurance company and your attorney may only take up to 4 weeks from the time of accepting your claim to the time the money is in your hands.
4. Filing a Lawsuit
What happens if the insurance company rejects your claim or your boss refuses to take liability for the accident that occurred in the workplace? This is where your attorney will be invaluable. They’ll advise you to file a personal injury lawsuit so you can pursue fair compensation. Now it will take even longer to achieve a settlement, and it must be done within two years of your accident occurring.
5. Investigating the Claim
The attorney now needs to create a case that proves you’re entitled to compensation based on your injuries. Both parties will now undergo discovery, discussions, hearings, and potentially a trial. Ideally, you won’t need to go to trial, and many of these cases can be resolved without one. However, if you do end up going to trial, then the average time it takes to settle is 15 months. This is while working with a highly experienced, top attorney in the field.
What Can I Do to Help Make My Case Settle Faster?
1. Take Action ASAP
Ideally, you’ll kick things off as soon as you can. Many attorneys offer virtual consultations, and you may be able to inform your boss about your injury over the phone or via video chat, too. This enables you to start proceedings while you’re in the hospital or still recovering at home immediately after the accident.
The sooner you get the ball rolling, the sooner legal processes begin. Starting proceedings as soon as possible after your accident can have a positive impact on your case. It also ensures you have better peace of mind, and that will aid in your recovery. The emotional damage that often accompanies an accident is something you should always take time to heal from, too, and taking action fast will help you do that.
2. Work with a Top Work Injury Attorney
If you work with a highly experienced attorney with a proven track record of success in cases similar to yours, then the process will be much more streamlined. Your attorney will know exactly what they’re doing every step of the way, and they’ll be able to walk you through it with ease.
Workplace injury cases can take anywhere from a month to two years to settle. A simple case will likely take around four to eight weeks to resolve completely, but a more complicated case that goes to trial can take around 15 months or more. Cases vary considerably, so get in touch with a lawyer right away to get a good understanding of how long you can expect yours to take.
