Why Does Workers Comp Take So Long?

We’re going to break down why workers’ comp cases take so long, how insurance companies might be slowing things down even more, and what you can do to keep your case moving. Let’s get into it and make sense of this frustrating process.

Why do WC Cases Take so Long?

Before we get into why workers’ comp cases take forever, let’s clear up a common misunderstanding—workers’ comp isn’t a lawsuit. Filing a claim doesn’t mean you’re suing your boss or taking the insurance company to court. You’re just applying for benefits from an insurance policy that’s meant to cover workplace injuries.

That might not seem like a big deal, but it actually explains a lot about why the process works the way it does. Unlike a personal injury lawsuit, which can drag on for years, workers’ comp is supposed to be more straightforward. In a perfect world, you’d report your injury, get medical treatment, and start receiving checks to cover your lost wages and medical bills while you recover.

Of course, that’s in theory. In reality, delays happen—sometimes because of medical approvals, sometimes because of legal red tape, and sometimes because the insurance company is looking for ways to stall. And while workers’ comp is usually faster than a lawsuit, that doesn’t make it any less frustrating when you’re stuck waiting for money you need to survive.

Ways the WC Insurance Company Makes Your Case Take Longer

Insurance companies love to stall. The longer they drag out your case, the more frustrated you get—and the more likely you are to settle for less. Some delays happen naturally, but plenty are intentional. Here’s how they do it:

• Disputing Your Claim: They challenge whether your injury is work-related or serious enough, forcing you to gather more records and wait for hearings.
• Dragging Out Medical Approvals: They wait until the last possible day to deny treatment, forcing doctors to appeal and start the process over.
• Sending You to Multiple IMEs: These "independent" doctors work for the insurance company. Too many IMEs can create delays and conflicting reports.
• Switching Adjusters: Every time a new adjuster takes over, you lose time while they "review" your case.
• Ghosting You on Settlement Talks: They ask if you want to settle, then disappear—hoping you’ll get desperate and take a lower offer.
• Approving Treatment “Without Prejudice”: This sneaky move lets them approve care without admitting liability, which can keep hospitals from scheduling your procedure.

They’re required to handle claims fairly, but that doesn’t stop them from using every loophole to slow things down. And when it’s time to settle? That’s another battle. Let’s talk about why.

Why Does it Take so Long to Settle Your WC Case?

You’d think settling your case would be the easy part—but it can drag on for months. Here’s why:

• Some Insurers Don’t Settle. Some, especially those covering public employees, prefer paying ongoing benefits over a lump sum.
• They Wait for MMI. Most won’t negotiate until your doctor says you’re as recovered as you’re going to get.
• They Stall to Wear You Down. Delays, slow responses, and radio silence are all tactics to push you into settling for less.
• Negotiations Take Time. It’s rarely a one-and-done deal—there’s usually back-and-forth before both sides agree.
• The Board Has to Approve It. Even after you settle, the workers’ comp board reviews everything, and paperwork errors can send you back to square one.
• The Judge Gets the Final Say. A judge makes sure the deal is fair, but they’re not looking to get you the most money—just making sure it’s not too low.

What Can You do to Speed up Your WC Case?

Workers’ comp cases move slow, but there are ways to keep things from dragging on forever. Here’s what you can do:

• Keep Your Lawyer Updated – If you get a new diagnosis, treatment denial, or surgery date, tell your lawyer right away so they can act fast.
• Meet Deadlines – Missing deadlines can set your case back months. Keep track of important dates and submit paperwork early when possible.
• Respond Quickly – If your lawyer, doctor, or the workers’ comp board asks for something, don’t wait—delays on your end mean delays in your case.
• Follow Your Doctor’s Orders – Skipping appointments or ignoring treatment plans gives the insurance company a reason to question your claim.
• Stay Involved – Missing hearings or ignoring calls slows everything down. Even if you’re frustrated, stay engaged in your case.
• Consider Settling at the Right Time – If you’re ready to settle, talk to your lawyer about timing, fair compensation, and future medical costs so you don’t sell yourself short.
• Make Sure You Have the Right Lawyer – A good lawyer pushes your case forward, fights delays, and negotiates a strong settlement. If yours isn’t, it may be time to switch.‍

Contact Us for Help With Your Workers' Compensation Case

If you have questions about your case, are struggling with delays, or just want to know what your options are, give me a call. Whether you’re looking for advice, need someone to step in and push things forward, or just want clarity on what’s next, I’m happy to chat. You can reach me, Rex Zachofsky, at 212-406-8989.