How Long Will My Workers' Comp Case Take?

Understanding the Timeline of Your Workers' Comp Claim

How long does a workers’ comp case take? On average, anywhere from 6 to 18 months—but it really depends on your injury and claim. Some cases wrap up in a few weeks, while others drag on for years.

To give you a better idea, let’s break down the process, the timeline, and what can slow things down.

Filing Your Claim

How long you take to file your workers' comp claim is up to you—but don’t wait too long. In New York, you have up to two years, but filing ASAP is best. Waiting too long might make it look like your injury isn’t serious, which can make things harder.

Once you tell your boss about the accident, they have 14 days to notify their insurance company, which then has 18 days to start paying—if your claim isn’t denied. Sometimes, insurance companies pay out voluntarily before you even file to speed things up.

But if your claim gets denied, the insurance company has to report it to the Workers' Comp Board, which will schedule a hearing in 1-3 months—adding more time to your case. Bottom line: file early to avoid delays.

Reaching a Settlement

Most workers’ comp cases end in a settlement, usually as a lump sum—but how fast that happens depends on a few things:

Quick Settlements (But Usually Low Offers)

Some cases settle fast, but these offers are often undervalued. This happens when:

• You skip surgery
• The insurance company wants to avoid a long fight
• You need cash fast
• Your case is weak
• You accept a lowball offer

Super-Fast “Nuisance” Settlements

These are small settlements, usually under $5,000, that can be offered within weeks or a few months just to make the case go away.

Slower (But Usually Better) Settlements

Most cases take longer because settlements happen after you hit Maximum Medical Improvement (MMI)—which is when your condition stabilizes, and doctors don’t expect much more improvement. Waiting for MMI is key because it helps determine:

• Future medical costs
• Your disability rating
• How your injury affects your ability to work

How Long Does It Take to Reach MMI?

• Arm/leg injuries: Around a year
• Spinal, heart, lung, or brain injuries: Up to two years
• If you need surgery later: The clock resets, usually adding another year

Once you reach MMI, the settlement process starts. On average, it takes about 4 months to finalize—but that depends on how quickly the insurance company responds.

Common Delays in the Process

Several factors can delay your workers' comp claim:

• Filing Delays: Waiting too long to file can complicate your claim.
• Claim Denials: A denial adds weeks or months to your timeline.
• Multiple Surgeries: Each new surgery extends the timeline.
• Slow Insurance Responses: Some insurers drag their feet during negotiations.
• Lack of Participation: Missing hearings or not following your lawyer's advice can cause delays.
• Appeals: Although faster than before, appeals still add a few months to the process.
• Permanent Disability Trials: These can take several months due to depositions and court schedules.

To keep things moving, stay involved in your case, listen to your lawyer, and get all your paperwork in on time.

Contact Us For Help With Your Workers' Compensation Claim

Understanding the workers' comp claim timeline can help set realistic expectations and reduce anxiety. With 17 years of experience, I can help move your case as quickly as possible. For a free consultation, call me, Rex Zachofsky, at 212-406-8989.

For more tips on avoiding common pitfalls in workers' comp claims, check out my video, "10 Workers Comp Misconceptions That Cost You Money." Click here to watch, and I’ll see you there!