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HOW LONG DOES IT TAKE TO REACH A SETTLEMENT FOR BACK INJURIES IN CONNECTICUT WORKERS COMP ?

Posted by James Aspell | Aug 08, 2023 | 0 Comments

When you injure your back at work work and file a Connecticut workers' compensation claim, the settlement must be approved before it becomes official. It's important to note that if you are an employee hurt at work, you probably have a right to workers' compensation benefits. You also deserve fair compensation that covers all your damages as you recover, and hiring an experienced Connecticut work injury lawyer can help protect your rights.

 

WORKERS COMP BACK INJURY SETTLEMENT IN CT

 

The entire settlement process—from filing your Connecticut back injury claim to having the money in your hands—can take around 12-18 months depending on the details of your case and whether or not you have legal representation.

If you do not have a lawyer, do not have a permanent disability, and do not end up negotiating for your settlement, the timeline is typically around 12-14 months. With a lawyer, the settlement process typically takes a little longer—around 17-18 months. If you and your lawyer negotiate a workers' compensation settlement, it can take around 20% longer to settle—but with a more favorable outcome.

Negotiation means you are seeking more money than the initial offer—which is rarely enough to compensate you for your injuries.

Questions?  We have the Connecticut workers compensation answers.

HOW DOES NEGOTIATING A WORKERS' COMPENSATION BACK INJURY SETTLEMENT WORK IN CONNECTICUT?

When you bring a workers' compensation case after a work injury, the insurance company might offer payment for medical bills and disability. You can choose to accept the offer, or you can seek a settlement to cover more of your damages.

To reach a fair settlement, you will need to negotiate with the insurance company. It's best to have a Connecticut  workers’ compensation lawyer to help with this, as it's very difficult to (successfully) go up against workers comp insurance companies alone. You will need to work with an attorney who specializes in workers' comp claims and understands what goes into them.

STEPS IN A WORKERS' COMPENSATION BACK INJURY SETTLEMENT

Here is how it works:

  • Your lawyer drafts a demand letter (approved by you) to send to the insurance company. This letter includes the settlement amount you will require to settle the case.
  • When the insurance company receives the letter, they will make a counteroffer, and negotiations will begin.
  • You and your lawyer will negotiate back and forth with the insurance company. If negotiation is successful, you will soon receive your payment.

HOW THE CONNECTICUT WORKERS COMPENSATION COMMISSION  REVIEW PROCESS WORKS

Before your settlement can become final, it must be sent to and approved by the Connecticut Workers Compensation Commission. The settlement will be reviewed during a workers' compensation hearing where a  judge will look over the settlement, make sure you understand it, and ask if you agree with the amount. A settlement may be rejected if the  judge believes you aren't being awarded a large enough settlement.

You will need to make sure you are absolutely sure of the settlement amount, as you normally can't make changes once the Judge has approved it. This is why it's so crucial that you work with an experienced workers' compensation lawyer.

WHAT FACTORS AFFECT HOW LONG IT TAKES TO NEGOTIATE AND SETTLE A WORKERS' COMP CLAIM?

When calculating how much you think your workers' compensation settlement should be, you and your lawyer will need to consider factors like:

  • All medical costs, including treatment expenses, doctor visits, hospital stays, and ambulance rides
  • Any future treatment costs, including physical therapy, surgeries, and prescription medication costs
  • Lost wages and changes to future wages
  • Whether or not you are facing a disability from your injuries
  • Local workers comp laws

Unlike other injury claims, workers' compensation claims are not related to pain and suffering damages.

INSURANCE COMPANIES MAY DELAY THEIR RESPONSE IN AN ATTEMPT TO DERAIL YOUR CLAIM

The response time of the insurance company and your employer can also affect the full amount of time it takes to negotiate and settle a workers' compensation back injury claim. Insurance companies will sometimes delay sending you an offer or answering your inquiries. They may hope this encourages you to accept a smaller claim and settle the case sooner.

It can also take longer to negotiate if you are still receiving treatment for your injuries. Your lawyer will want to ensure any future medical costs are accounted for, so they might wait until a doctor can determine your maximum medical improvement  before deciding on a fair settlement.

CONTACT OUR WORKERS' COMPENSATION ATTORNEYS FOR FREE TODAY

James f. Aspell, P.C. has been helping injured workers win the settlement they deserve for over 30 years. We will support you through the entire process and make sure your rights are upheld. To schedule a FREE consultation with one of our experienced and compassionate workers’ compensation lawyers, call us at 860-523-8783or contact us online to get started.

About the Author

James Aspell

Principal since August 1, 2006 James F. Aspell is the principal and managing attorney of the firm which he started in 2006 following 20 years of litigation practice in a mid -size firm in Hartford, Connecticut. Jim focuses his practice in the areas of worker's compensation and personal injury l...

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