How Long Does It Take To Get A Workers’ Compensation Settlement?
Question
My workers’ comp case just started- how long will it take to start getting my checks?
Answer
There is no rule about how long it takes to get a workers’ compensation settlement. In fact, many cases will never settle.
The Average Case
Having said that, if a particular case is the type of case where settlement makes sense, then it will typically take at least six months of being on benefits before settlement discussions even come up. The only exception to this is if you are talking about someone who is entitled to workers’ compensation benefits and gets compensation for some time. In that case, the type of settlement is a lump sum settlement that’s also referred to as a commutation. That typically takes time.
Denial and Dismissal Settlements
Another type of settlement is one where there is some dispute as to whether the injured worker even qualifies for workers’ compensation benefits. In those cases, there can be a type of settlement called denial and dismissal (a “D & D”), meaning that the employer will pay a lump sum that is typically much smaller than a commutation, in exchange for the employee giving up the claim. This may or may not make sense given the facts of a case and whether or not an employee is likely to succeed going forward. So, it’s important to distinguish between the two types of settlements in Rhode Island workers’ compensation cases when talking about settlements: D&D vs. Commuation.