Idaho Law Blog
Each worker’s compensation s case is different. Some may settle within a year of the accident and some may end up going to hearing five years later depending on the complexity of the case. This can be very frustrating for the client and even the attorney. Yes even we get frustrated with the delays in some instances. Many things are not in our control. You have to come to maximum medical improvement before your case can go forward to settlement or hearing. You have to recover from your injury before you settle your case. You only have one chance at the claim. You do not want to jump the gun and settle the claim to quickly and then find out that you need more medical care.
We do as much as we can to pressure or persuade those that may be stalling the case, but many of the times delays are caused by the workers’ compensation system which is much more concerned about getting the case decided right than done quickly. An example of this is depositions. Some medical professionals don’t hold these in high priority. They may delay and put off these crucial meetings for months at a time. Tracking down medical records can be a lengthy process, especially if there are multiple providers involved. In some instances offices may takes months to get records back. Then there are negotiations: the money game. These negations can take months and can go right up until the hearing.
The hearing process itself also takes months because of the depositions and briefs that have to be submitted after the hearing has been completed. The Referee then has to review and write the decision. Remember the system places a higher priority on getting it right than getting it done fast.
If you are involved in a lengthy case try to remain level headed. That is easier said than done, but high emotions and feelings of anger will not make your case go any faster. If you are unsure about the status of your case: ask your attorney. You will be paying him or her out of your settlement, so never hesitate to ask your attorney about the status of your case.
The good news is over 95% of Idaho Workers’ compensation cases are resolved by settlement. This helps the process to work a lot faster.
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