Just about everyone we represent wants to know the length of time it will take to win their case or reach a settlement in their workers’ compensation case. We tell our clients that every case is different, and so there is no one guaranteed amount of time it will take for a case to resolve.

    While there’s no such thing as a “typical” workers’ compensation case since they all involve so many variables, we can share some general trends that give you an idea of the timeline you may be looking at. View them as guidelines but not guarantees.

    How Long Will My Workers’ Comp Case Take?

    The more complex and serious the injury, the longer the case may take. For example, in a case that requires surgery, such as a torn rotator cuff, a worker may not be cleared by their doctor to return to the job for six months to a year. The severity of your injury impacts when you can return to work, which sometimes becomes a touchpoint in the case.

    Your case will also take more time if your initial claim is rejected by your employer’s insurance company. You’ll have to file an appeal and wait until it has been heard to get your case resolved. Sometimes these cases can last for months or perhaps even years. It will take time to gather evidence in the case, such as:

    • Interviewing witnesses
    • Getting employment records
    • Issuing subpoenas
    • Securing medical records

    For an average case, you can probably expect at least 5 months to a year of back-and-forth. We see a handful of cases resolved in under six months, but such a timeline is not guaranteed. Most draw out due to a company fighting the benefits, but don’t be discouraged — sometimes longer cases can lead to more lucrative settlements.

    How Long Will It Take to Reach a Settlement in a Workers’ Compensation Case in PA?

    Not every case ends up before the court. We’ve assisted with many workers without the need to go to Court and obtained many significant settlements for our clients before any litigation occurs. We aim to present such compelling evidence that your company believes it cannot win in court. This situation commonly leads to a settlement. In our experience, it can take up to a year or even longer if the case is very complex.

    Many of our clients believe their companies intentionally try to delay the process to get out of paying the benefits. Companies also may try to lowball you on the settlement, attempting to pay the lowest amount possible. We consider every offer, but since we’ve been doing this so long, we can tell you whether the deal is actually fair to you or not. Ultimately, the case will get resolved, and you’ll be able to move on with your life.

    The length of a workers’ compensation case in PA varies depending on so many factors. To get a clearer idea of what could happen with your case, contact Frommer D’Amico at 717-400-1000 or fill out our online contact form to get in touch.


    Comments are closed.