The vast majority of worker’s compensation cases in Indiana settle before they go to hearing. When that happens, the most frequent question my clients ask me is how long does it take to get my settlement check?
Unlike a lot of other types of cases, the process in settling a worker’s compensation case has a few extra steps. More often than not, the process is as follows:
1. The employee and the employer’s lawyers agree to the general terms of a Settlement;
2. The employer’s lawyer prepares a Settlement Agreement;
3. All parties sign the Settlement Agreement;
4. The Settlement Agreement is submitted to the Workers Compensation Board for approval;
5. Upon approval of the Settlement by the Worker’s Compensation Board, the employer’s insurance company issues the settlement check payable to the injured worker and his or her attorney;
6. When the check is received, it is typically deposited into the representing lawyer’s trust account to ensure that it clears; and
7. Finally, settlement is disbursed, at which time the attorney’s fees and expenses are calculated and paid, with the remainder to the injured worker.
These steps usually take at least three weeks, up to six weeks (and sometimes more) to complete. As a result of this time needed to complete the Settlement, we always advise our clients not to make promises to anyone regarding the money that they will receive until that money is in hand. This is because the time frame identified above can hit a few roadblocks for a variety of reasons. Possible reasons for a delay in Settlement can include:
1. The employer’s lawyer is slow to prepare the Settlement Agreement;
2. The worker’s compensation judge requests revisions to the Settlement Agreement;
3. Once the Agreement is approved by the Judge, the workers compensation insurance company is slow to issue the check.
When my office represents clients, we work diligently to settle worker’s compensation cases promptly and effectively. We strive to prevent any delays in the process. We also ensure that the worker’s compensation insurance company behaves in a timely manner regarding their obligations. Hiring Salmon & Hewins for your workers’ comp case will help you get paid faster once your Settlement has been reached.
If you are in the middle of a case and wondering “is there a workers comp attorney near me?” Look no further. At Salmon & Hewins, we will help you with your Indiana workers comp case and work with you to get the best possible care you deserve. If you have any questions or concerns, we invite you to give us a call for a free phone consultation.
7505 Eagle Crest Boulevard