You’re on the job, maybe operating a forklift at a warehouse, framing a house in the summer heat, or fixing an electrical panel.
Then it happens – something goes wrong. Could be a heavy box falls on your shoulder, you slip off a ladder, or your hand gets caught in machinery. Now you’re injured, out of work, and bills are piling up.
“How long until my case settles?” is probably one of the first questions on your mind.
It’s a question workers’ compensation attorneys hear almost daily from hardworking people across Florida.
The honest answer isn’t always what people want to hear: it depends. But don’t worry. Let’s explain what “it depends” actually means for injured workers.
When Things Go Smoothly (The Fast Track)
Some workers’ comp cases in Florida can settle relatively quickly – think 3 to 6 months from injury to check in hand. These faster cases usually share a few things in common:
- Minor to moderate injuries that heal completely
- Clear connection between the accident and your injury
- An employer who reported your injury promptly
- An insurance company that doesn’t delay payments or fight your claim
- Medical treatment that goes according to plan
Take Mike, for example. He works construction and hurt his knee when he fell from scaffolding. His boss reported it right away, the insurance company approved his treatment, and after three months of physical therapy, he was cleared to return to work. The whole process, from injury to settlement check, took about 5 months.
But to be fair, Mike’s experience isn’t always the norm.
When Complications Add Up (The Longer Road)
Many workers’ comp cases in Florida can take longer, often 12 to 18 months, and sometimes even longer. Why? Well, a bunch of things can slow down your case:
The insurance company plays hardball. Insurance companies make more money when they pay you less. They might question whether your injury happened at work, argue that you had pre-existing conditions, or claim you’re exaggerating your symptoms.
Your recovery doesn’t go as planned. Sometimes injuries turn out to be more complicated than initially thought. You might need surgery, additional diagnostic tests, or your recovery might simply take longer than expected.
You have permanent limitations. If your doctor says you can’t return to your previous job or have permanent restrictions, this often extends the timeline as questions about future earning capacity and long-term care come into play.
Consider Sarah’s situation. She was working as a nurse at an assisted living home when a patient fell, and she injured her back trying to catch them. What seemed like a simple strain turned into a herniated disc requiring surgery. The insurance company initially denied her claim, saying her back problems were pre-existing. After her attorney got involved and fought the denial, they eventually approved the surgery. All told, Sarah’s case took nearly 18 months to settle.
The Settlement Process Itself
Even once everyone agrees it’s time to settle, there’s still a process to follow:
- Negotiation phase – Your attorney and the insurance company go back and forth on a fair number. This alone can take weeks or months.
- Settlement paperwork – Once there’s an agreement, the insurance company drafts settlement documents that spell out the terms. This typically takes 2-3 weeks.
- Judge approval – A judge of compensation claims must review and approve your settlement. This usually takes 1-2 weeks but can be longer if the court’s calendar is backed up.
- Payment processing – After approval, the insurance company typically has 30 days to cut your check, though they can pay sooner.
How to Keep Your Case Moving
While some delays are unavoidable, there are things you can do to prevent your case from stalling:
- Follow doctor’s orders exactly and never miss appointments
- Keep detailed records of everything related to your injury and claim
- Respond quickly to any requests for information
- Consider hiring an attorney early in the process (cases with attorney representation often move more efficiently through the system)
Gerry, an HVAC technician, learned this the hard way. He tried handling his claim alone after partially falling through a ceiling and injuring his shoulder. After six months of getting nowhere with the insurance company, he hired an attorney. “I wish I’d done it sooner. They started taking my case seriously once they knew I had someone fighting for me.”
The Bottom Line: These Cases Take Time to Settle
Most Florida workers’ compensation cases settle within 6 to 18 months, with straightforward cases on the shorter end and complicated ones taking longer. Having realistic expectations is important. Pushing for a quick settlement sometimes means accepting less money than your case is worth.
Remember, the goal isn’t just to settle quickly. It’s to get fair compensation for your injury.
Sometimes, patience pays off. And in the meantime, an experienced workers’ comp attorney can often help secure medical treatment and temporary benefits to keep you afloat while your case progresses.
A Florida Worker’s Compensation Lawyer Can Help
The damages and trauma a work-related accident brings to your life can be devastating. Beyond the pain and frustration associated with your injury, understanding how the workers’ compensation process works can be overwhelming, especially if things don’t work out like they are supposed to.
The Law Offices of Adam Baron, P.A. have represented hurt workers and accident victims for over 30 years. We understand how frustrating and challenging this time can be and we know how to help you through it. Our Florida work injury attorneys are aggressive when it comes to obtaining compensation and justice on behalf of our clients.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.