Q: About How long after QME says I’m MMI, which is soon, will my case settle?
32% impairment rating. employer most likely won’t take me back because of my work restrictions
A:
The timeframe for settling a workers' compensation case after reaching Maximum Medical Improvement (MMI) and receiving an impairment rating, like your 32%, can vary. It depends on several factors, including the complexity of your case, the stance of your employer and their insurance company, and the negotiation process.
Once MMI is declared and the impairment rating is provided, the next step is usually for the insurance company to make a settlement offer. This process can take a few weeks to several months. It's important to remember that the initial offer is not always the final one, and negotiations can extend the timeline.
If your employer is unlikely to accommodate your work restrictions, this may influence the settlement terms. The focus then might be more on compensation for permanent disability rather than returning to work.
It's crucial to have open communication with your legal representative during this period. They can provide updates on the progress and help manage your expectations regarding the timeline and potential outcomes.
Remember, every workers' compensation case is unique. Patience and a clear understanding of your rights and options are key during the settlement phase.
A: The time frame from MMI to settlement can be as short as a few days or it can be months. However, the better question is, how long from MMI to settlement check in hand? Once the case settles, it must be approved by a work comp judge, which can also take days or weeks depending on the judge. Then once the judge approves the settlement, the carrier has up to 30 days to send your settlement check to you. If they do not send it timely, which does happen, a late payment penalty may be due. So, from the time you have a settlement agreement to receiving the check is likely about 30 to 60 days. I understand your concern to get your settlement funds quickly in the event you are without a job. Having an experienced attorney is key to moving your case through the system as quickly as possible. And since you have a significant level of disability, you should consult an attorney to determine if 32% is accurate. you should also consult an attorney to learn if you may qualify for lifetime payments from the SIBTF. There is much to lose without an attorney that handles all aspects of work comp law, including SIBTF.
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