What is the average length of time for a workers' compensation claim to be resolved?
The average length of time for a workers’ compensation claim to be resolved in Virginia can vary greatly, depending on the nature of the case. Generally speaking, a case can take anywhere from six months to two years from the date of the injury or illness to be resolved. However, if the case is straightforward and uncontested, the entire process could be resolved within a few months. When a claim is first submitted to the Virginia Workers’ Compensation Commission, the employer will have seven days to contest the claim. If the employer contests the claim, then the Commission must decide whether to approve or deny the claim. If it is approved, the employer has 10 days to accept or reject the claim. If the employer accepts the claim, the Commission will then proceed to order medical treatment, if appropriate, begin the process of determining any permanent disability benefits, or authorize a lump sum settlement of the claim. If the case is contested, there are six steps involved in the process which could take several months to complete: investigation, hearing, adjudication, recommended order, appeal, and final order. Each of these steps can take up to several months. At the end of the process, the final order may determine that the employer is responsible for the payment of all benefits or may award benefits to the employee that are lower than initially requested. Overall, the length of time it takes to complete a workers’ compensation claim in Virginia can vary greatly depending on the complexity of the case and whether it is contested or uncontested. It can take anywhere from a few months to two years to be resolved.
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