How long does it take to receive compensation after a final offer has been accepted in an injury case?

Asked almost 5 years ago - Chicago, IL

my attorney came to me and said they made an offer of 50,000.$ take it or leave it. i asked him how long would it take to receive compensation, he told me six to eight weeks. In the meantime i'd received a letter showing the amount to be 45,000.$. They then told me there was a doctor bill that needs to be paid that they were going to ask that the insurance co. pays that bill. Since that time it has been approx.,20 weeks with a status call pending,what gives?

Attorney answers (3)

  1. Brad E. Bleakney

    Pro

    Contributor Level 6

    Answered . It sounds as if your attorney is cleaning up loose ends. Workers shouldn't pay the medical bills out of their portion of the settlement unless there are problems with the case or problems with relating the particular treatment for that bill to the workers comp case.

    You don't have a final settlement agreement until both sides actually agree on all the exact terms of settlement (in your case for example, who pays that medical bill) and when you have signed settlement contracts that are presented to the arbitrator for approval.

    Generally, the company has about 30 days from receipt of the approved settlement contracts to pay the settlement. You don't have an actual "final" settlement until your attorney has you sign the pink settlement contracts and then the arbitrator approves them.

    I would generally advise clients to expect money within 45 to 60 days from the time that they sign the pink settlement contracts-- that allows 2 weeks for approval, then time for mailing the approved contracts to the other attorney, he/she mails it out to the insurance carrier for payment and the carrier processes the settlement for issuance of the settlement check.

  2. Peter Marc Schaeffer

    Pro

    Contributor Level 13

    Answered . If this is a workers compenastion claim and your attorney is not answering your questions contact the information and Assistance officer at your local workers compensation appeals board.

  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    Answered . My guess is that your attorney communicated an offer to you of $50,000, which you accepted. His initial estimate of 6-8 weeks is reasonable. However, probably after he settled your case, he learned of an unpaid bill and is now trying to convince the insurance company to pay this. That could take awhile. I do not know what the paper you received said, although my guess again is that the total settlement was about $50,000 and your share after costs and fees might be a bit lower. Remember, your attorney, in most cases under the Illinois Workers' Compensation Act is entitled to up to 20% of the settlement as his fee.
    I hope this all gets straightened out for you.

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