How Long Do Workplace Injury Claims Take to Resolve?
A person in a yellow hard hat who has been injured at their job in Hobbs.

Workplace injuries can be life-altering, both physically and financially. If you’ve been hurt on the job, you’re likely wondering how long it will take to resolve your claim and receive the compensation you deserve. While every case is unique, there are common factors that influence the timeline of a workplace injury claim. Understanding these factors can help you set realistic expectations and prepare for the process ahead.

If you need help navigating your workplace injury claim, don’t hesitate to call The J. Martinez Law Firm, L.L.C. at (575) 393-0021. Our experienced Hobbs workplace injury lawyer is ready to assist you.

What Influences the Length of a Workplace Injury Claim?

The time it takes to resolve a workplace injury claim can vary greatly depending on several factors. Some claims are settled quickly, while others take months or even years to finalize. Here are the primary factors that influence the timeline:

1. Severity of the Injury

The severity of your injury plays a significant role in how long your claim will take. Minor injuries that require minimal medical treatment are often resolved faster than severe injuries involving surgeries, long-term rehabilitation, or permanent disability. Insurance companies usually wait until you’ve reached maximum medical improvement (MMI) before finalizing a settlement.

2. Liability Disputes

Disagreements over who is at fault can delay the claims process. If your employer or their insurance company disputes your version of events, your workplace injury lawyer may need to gather additional evidence, such as witness statements, medical records, or surveillance footage, to prove your case. This investigative process can take time but is crucial for ensuring a fair outcome.

3. Insurance Company Cooperation

Insurance companies are notorious for dragging their feet when it comes to processing claims. They may request extensive documentation, delay responses, or even deny valid claims outright. Having a skilled workplace injury lawyer on your side can help expedite the process and ensure the insurance company acts in good faith.

4. Complexity of the Case

Some workplace injury claims are straightforward, while others involve complex legal or medical issues. For example, claims involving multiple parties, pre-existing conditions, or disputes over workers’ compensation eligibility may take longer to resolve. Your workplace injury lawyer will work diligently to address these complexities and advocate for your best interests.

5. Negotiations and Settlements

Many workplace injury claims are resolved through negotiations rather than going to court. However, reaching a fair settlement can take time, especially if the insurance company offers a lowball settlement. Your lawyer may need to negotiate back and forth to secure an offer that adequately covers your medical expenses, lost wages, and other damages.

The Typical Timeline of a Workplace Injury Claim

While every claim is different, most follow a general timeline. Here’s an overview of what you can expect:

Step 1: Reporting the Injury

The first step is reporting your injury to your employer as soon as possible. In New Mexico, you typically have 15 days from the date of the injury to notify your employer. Failing to do so could jeopardize your claim.

Step 2: Seeking Medical Treatment

Getting prompt medical care is essential for your health and your claim. Your medical records will serve as critical evidence in proving the extent of your injuries and the treatment required.

Step 3: Filing the Claim

Once your injury is reported and documented, your employer’s workers’ compensation insurance should file a claim on your behalf. This step usually occurs within days of reporting the injury.

Step 4: Investigation

The insurance company will investigate your claim to determine its validity. This process may involve reviewing medical records, interviewing witnesses, and assessing the circumstances of the injury. The investigation phase can take weeks or months, depending on the complexity of the case.

Step 5: Reaching Maximum Medical Improvement (MMI)

Before your claim can be settled, your doctor will determine when you’ve reached MMI—the point at which your condition is not expected to improve further with treatment. Reaching MMI may take weeks, months, or even longer, depending on the severity of your injury.

Step 6: Negotiations

Once you’ve reached MMI, your workplace injury lawyer in Hobbs will work to negotiate a fair settlement. This step can take anywhere from a few weeks to several months, depending on how cooperative the insurance company is.

Step 7: Settlement or Trial

If negotiations are successful, your claim will be resolved through a settlement agreement. However, if the insurance company refuses to offer a fair amount, your lawyer may recommend taking the case to court. While trials can add significant time to the process, they may be necessary to secure the compensation you deserve.

Tips for Speeding Up Your Workplace Injury Claim

While some delays are unavoidable, there are steps you can take to help move your claim along:

  • Report Your Injury Promptly: Notify your employer as soon as the injury occurs to avoid unnecessary delays.
  • Seek Medical Treatment Immediately: Delaying medical care can hurt your claim and your health.
  • Keep Detailed Records: Maintain copies of medical records, bills, and correspondence with your employer and the insurance company.
  • Follow Your Doctor’s Orders: Failing to adhere to your treatment plan could weaken your claim.
  • Hire a Workplace Injury Lawyer: An experienced lawyer can handle the legal aspects of your claim and ensure it’s processed as efficiently as possible.

Why You Need a Workplace Injury Lawyer

Navigating the workers’ compensation system can be challenging, especially if you’re dealing with a serious injury. A workplace injury lawyer can:

  • Help you understand your rights and options
  • Gather evidence to support your claim
  • Handle negotiations with the insurance company
  • Represent you in court if necessary

At The J. Martinez Law Firm, L.L.C., we have extensive experience handling workplace injury claims in Hobbs, NM. Our dedicated team will fight tirelessly to secure the compensation you deserve.

Workplace Injury Lawyer in Hobbs

The timeline for resolving a workplace injury claim depends on several factors, including the severity of the injury, the complexity of the case, and the cooperation of the insurance company. While the process can be lengthy, having a skilled workplace injury lawyer by your side can make all the difference.

If you’ve been injured on the job, don’t wait to seek legal help. Call The J. Martinez Law Firm, L.L.C. at (575) 393-0021 today. Let us guide you through the process and fight for the compensation you deserve.