How long to settle with workman's comp?

April 5, 2009 8:52 PM

CA, USA Workman's Comp: How long to settle?

I have a Beloved Family Member that sustained a serious injury at work, and was covered under workman's comp. It was determined that Family Member's injury was permanent and they received temporary disability payments, medical treatment and a lump-sum permanent disability payment. Family Member has received a "PD rating" and is waiting for a court date to determine the final settlement.

And waiting, waiting waiting. Since last November, actually. Every time Family Member contacts the claims administrator, we're told that the court needs to send in some paperwork before the date can be set. It sounds like the run-around to me.

Family Member has had to push, prod and cajole every step of the way on this, and the entire process is now going into it's third year.

Has anyone had an experience with workman's comp like this? Is four + months for the final settlement date about right? Do we need a lawyer?

posted by shino-boy to Work & Money (3 answers total)

Best answer: I worked in Texas workers' comp, so I'm going to talk generally (not as your attorney). It was extremely normal for these things to drag on for months, even years. I'd say screw your claims adjuster and contact the Department of Workers' Compensation or its CA equivalent directly. In Texas, if you didn't have a lawyer, the DWC would provide you with an ombudsman, a layperson versed in the WC rules. Most of these were good, although not as good as a lawyer. But claims adjusters have way too many cases to handle, and will put off whatever they can. Just call and say that your adjuster isn't being helpful and see if they'll help you or let you know the status of your case, exactly what they're waiting for, and if there's anything you can do to help things along -- they should be able to because you and the adjuster are basically working on opposite sides of the case, and their job is not to help you. I worked on behalf of the insurance companies, by the way, and so I worked pretty closely with the adjusters. The claimant's who relied solely on help from the adjusters always got the shaft big time, and the most successful were those who viewed the adjusters as adversaries and got their own assistance, either through the DWC or with their own attorney. Good luck, and I'd be happy to answer more questions if you want!
posted by thebazilist at 10:04 PM on April 5, 2009

Response by poster: Thank you thebazilist. At least I know we're not crazy.
posted by shino-boy at 10:56 PM on April 6, 2009

Response by poster: I just spoke to my Beloved Family Member, they have (finally) been contacted by the adjuster and have agreed on a settlement.
posted by shino-boy at 9:46 PM on May 10, 2009