How Long Does a Utah Workers’ Compensation Case Take?

If you’ve been injured in the workplace, you may be considering filing a workers’ compensation claim. Workers’ comp claims can help provide injured employees with financial support and medical benefits after a work-related accident. However, workers’ compensation laws can be complex and overwhelming–it’s easy to find yourself confused.

The claims process in workers’ comp cases can be relatively quick, or it can be a lengthy, arduous ordeal. Fortunately, you don’t have to go it alone. A qualified workers’ compensation lawyer with The Utah Advocates can help you obtain the benefits you deserve after your workplace injury.

Below, we’ve explained the workers’ comp claims process in detail, so you know what to expect when filing your claim.

What Does Workers’ Compensation Insurance Cover?

In almost all cases, your employer is required to carry workers’ compensation insurance. You can verify whether your employer is covered here. They may also be self-insured, if they meet specific requirements outlined by the state of Utah.

Unlike personal injury claims, workers’ comp benefits only include benefits that are very similar to economic damages. You cannot seek compensation for pain and suffering or emotional anguish in a workers’ compensation case.

On top of paying for your medical bills, your workers’ compensation benefits may cover lost wages due to impairment, such as:

Temporary partial disability
Temporary total disability
Permanent partial disability
Permanent total disability

If a workplace accident led to the death of your loved one, their workers’ compensation benefits may cover funeral expenses and burial costs. They may also cover a certain amount of compensation for the deceased person’s dependents.

Utah Workers’ Compensation Process

Filing a claim

The first step in the workers’ compensation process is to notify your employer about the accident and injury as soon as possible. Each state has its own time frame for reporting the incident, so it is crucial to adhere to the specified deadlines. In Utah, the deadline to report an accident to your employer is 180 days after your accident. However, it is best to report the accident immediately after it happens. This can improve your chances of receiving compensation for your injuries.

Typically, you will be required to complete a claim form for the employer, detailing the nature of the injury, the circumstances surrounding it, and any medical treatment received.

Your employer then has seven days to report the work-related injury to their insurance carrier. The insurance provider must then report it to the Industrial Accidents Division.

Seeking medical care

You must seek medical attention for your injuries, since in a workers’ compensation case, the primary determining factor will be medical records. In some cases, your employer will require you to see a specific health care provider for your initial appointment. You then have the option to make a one-time change of medical professionals to a doctor of your own choosing, but be sure to check that they accept your workers’ compensation insurance first.

If you do choose to change medical providers, you must report it to the insurance carrier.

Determining eligibility

Once your employer’s insurance company has received reports from your employer and medical care provider, they have 21 days to determine whether your claim is compensable.

They will consider factors such as whether the incident occurred within the scope of your employment and whether it was a result of work-related activities. This evaluation may involve consultations with medical professionals and legal experts, as well as examination of your medical records to determine the extent of your eligibility.

In general, if your injury was the result of horseplay or was not work-related, your claim will likely be denied.

If your claim requires further investigation, the insurance company may file for an extension with the Industrial Accidents Division. This extension gives them an additional 24 days to determine whether you are eligible for benefits, for a total of 45 days.

Dispute resolution

If your claim is denied, you should speak with the insurance adjuster to understand why. In some cases, you may be able to submit additional information that will resolve the issue.

If your claim is still denied, you may contact the Industrial Accidents Division for assistance. Their staff may be able to help you obtain benefits.

If your claim is still not approved but you believe you are entitled to benefits, you may submit an Application for Hearing and a request for a Claims Resolution Conference.

If you choose to dispute the denial of your claim, it is a good idea to have a workers’ compensation attorney on your side. The insurance carrier will have an attorney representing them, so it makes sense for you to have representation as well. Your lawyer will help you understand your options and avoid missing deadlines, along with providing you with legal representation.

If you believe you are entitled to workers’ compensation benefits and want to dispute the insurance company’s decision, contact The Utah Advocates for a free consultation.

Settlement and resolution

Once your claim is approved, the next step involves reaching a settlement agreement. The settlement amount may include compensation for medical expenses, lost wages, and potentially, vocational rehabilitation if required. The negotiation and finalization of the settlement can take time, especially when parties have differing opinions on the appropriate compensation amount.

Your attorney will negotiate on your behalf, to help you obtain fair compensation for your damages.

Factors That May Affect the Timeline of Your Claim

For any injured worker, the timeline of a claim can vary greatly. Simple claims with clear evidence and straightforward circumstances may be resolved relatively quickly, often within a few weeks or months. However, more complex cases, especially those involving multiple parties or serious disputes, may extend the process for several months or even years.

Some factors that can impact the length of your claim include:

The amount of evidence that is available
The extent of your injuries and the amount of medical treatment required
Whether your employer is cooperative
Whether the workers’ comp insurance company acts in good faith
Any pre-existing conditions you may have
Whether a hearing or litigation is required

How a Utah Workers’ Compensation Attorney Can Help

Sometimes, workers’ comp claims are fairly straightforward. However, if your employer denies that your injury happened at work, or their insurance carrier acts in bad faith, it can quickly become a complicated, frustrating process.

With an experienced Utah workers’ compensation lawyer on your side, you can rest easy. Your attorney will help you fill out paperwork, meet deadlines, and negotiate with insurance providers. If your claim is denied or the insurance company refuses to pay for recommended treatment, your lawyer will be by your side to offer legal advice and guide you through the appeals process.

If a workplace accident has left you injured, disabled, or otherwise impaired, it’s time to consider contacting The Advocates personal injury law firm. Our skilled workers’ compensation attorneys can assist you in accessing necessary medical care, communicating with your employer, and filing your claim. With an Advocate, you are never alone.

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