The answer to this question varies on many different factors regarding your claim for workers comp benefits.
Typically, if you are currently being paid workers compensation benefits and the insurance company or self-insured employer is trying to settle your case it can be settled quickly. What I mean by quickly is that an agreement could be reached between all parties sometimes within a very short period of time such as a week or a month. But once those terms have been agreed to, there are other issues that have to be resolved prior to actually going in front of the workers compensation judge (magistrate) and settling your claim.
As your attorney, I need to find out for the settlement whether you are receiving Medicaid, Medicare and whether you have any Friend of the Court (FOC) liens. If you are receiving Medicare, the attorneys need to determine whether there are any conditional payments that have been made by Medicare on your behalf for your work-related injuries, and whether there needs to be Medicare set aside for your case. Once all of these issues have been resolved between the parties then your case can be placed on what is called a ‘Redemption hearing’ with a workers compensation magistrate.
If your case involves litigation with the workers compensation courts, than those cases can take up to two years to resolve. But many of the cases can be resolved earlier than that if the parties can agree to the conditions of the settlement. Additionally, the factors of whether you have Medicaid, Medicare and/or any friend of the court liens must also be taken into consideration.
Due to the complexity of the laws in the State of Michigan and financial considerations, it is important to have a very skilled attorney that specializes in Worker’s Compensation to handle your case.