A lot of how long your workers' compensation case takes comes down to your recovery. Your case follows your treatment and how your body heals—not some set timeline. You shouldn’t be rushed into closing your case while you’re still getting better.
That said, some delays can be avoided, and others may come from the insurance company. Knowing the difference can help you understand what’s normal and what might be unnecessarily holding up your case. Let's get into it!
In New York, many workers’ comp cases take around 12 to 24 months, but it depends on your injury and recovery. Minor injuries may wrap up in weeks or months, while serious injuries, multiple injuries, or surgeries can take years.
Your case follows your recovery, not a set calendar. Reaching maximum medical improvement (MMI) may take around a year for arms, legs, hands, feet, fingers, toes, eyes, or hearing, and closer to two years for head, neck, back, or internal injuries. Surgery can essentially restart that recovery timeline.
Legal disputes, repetitive stress or occupational disease claims, and uninsured employers can also add time. And once you reach MMI, permanency, settlement negotiations, paperwork, and Board approval can still take several more months.
A New York workers’ comp case generally has three stages. First, you report the injury and file your claim. You generally have 30 days to notify your employer and two years to file, but it’s best to do both as soon as possible.
Second is medical treatment and recovery, and this is usually the longest stage. You keep treating until you’ve gotten as well as you reasonably can and reach maximum medical improvement (MMI).
Third is permanency and potentially settlement. Once you reach MMI, your doctors can assess any permanent disability, and the case can move toward determining what you’re entitled to and possibly negotiating a settlement.
Insurance companies can slow a workers’ comp case in a few ways. They may deny your claim and force it into litigation, which can mean months of hearings before a judge decides what happens.
They can also slow down medical treatment by waiting to respond to authorization requests, denying them, or requiring an independent medical examination (IME) before treatment moves forward. That can turn a treatment delay of weeks into months.
Sometimes they simply stop responding to calls, emails, or settlement demands. The longer you’re waiting and living on reduced income, the more pressure you may feel to accept a lower settlement just to get the case over with.
You can’t control the insurance company, but you can avoid giving them reasons to slow your case down. Report your injury and file your claim quickly, and treat with a doctor who understands workers’ comp so paperwork mistakes don’t hold up treatment.
Go to every IME—or call and reschedule if you can’t make it. Stay in touch with your lawyer, send requested documents quickly, follow instructions like work-search requirements, and don’t miss hearings or calls from the Workers’ Compensation Board.
The more you stay on top of your case, the fewer opportunities there are for preventable delays.
If your workers’ comp case has been dragging on and you’re not sure why, give me, Rex Zachofsky, a call, and I’d be happy to take a look at what’s going on and see if I can help. It doesn’t cost anything to have a conversation.
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