When Will Workers' Comp Offer You a Settlement?

I’m going to walk you through what you need to know before settling your workers’ comp case — when the timing’s right, what signs to watch for, how the insurance companies play the game, and why the right help can really change the outcome.

When Can You Settle Your WC Case?

Settling a workers’ comp case is totally up to you and the insurance company — neither side can be forced into it. It only happens if both agree.

If you’re ready to settle, you can make the first move by sending a demand. Just know they don’t have to say yes — or even respond.

At the end of the day, it’s a negotiation. You’re offering to close your case for a lump sum, and they’ll decide if it’s worth it to them. Sometimes they’re in, sometimes they’re not. But here’s the deal: you don’t have to wait around for them to come to you — you can start the process yourself.

You want to settle when your case is at its peak value — once your doctors have a clear picture of how serious the injury is and what kind of recovery (or limitations) you’re looking at. Settle too early, and you could short-change yourself. Wait too long, and benefits might run out or the insurance company could lose interest.

Think of it like selling a house — you want to hit the market at just the right time. Figuring out when that is can be tricky, which is why having a good lawyer can really help. They’ll know when it makes sense to push for a deal and when to hold off.

When Will the WC Insurance Company Send a Settlement?

A lot of folks think they just have to wait for the insurance company to send a settlement offer — like it’ll show up one day out of the blue. But the truth is, they don’t have to offer you anything.

Sometimes they’ll make an early offer, especially if the case is messy and they want to avoid a long fight. But that’s usually not about being nice — it’s often a lowball offer hoping you’ll take the money and move on.

Other times, they won’t offer anything at all. Some companies don’t do certain types of settlements, or they’re just waiting to see how your case plays out.

Either way, you don’t have to wait on them. If you’re ready to talk settlement, you can absolutely take the first step and send a demand.

Why Might You Receive an Offer Sooner Rather than Later?

Sometimes the insurance company comes in early with a settlement offer. Sounds good, right? But there’s usually a reason.

Maybe your case looks cheap — no surgery, just some PT and rest. In that case, they’ll try to close it out fast with a low payout, hoping you’ll take the cash and move on.

Or it could be the opposite — your injury’s serious, or likely to get worse. They know future treatment could cost them big, so they try to settle now and avoid all that.

They might even throw in a little extra to make it tempting, but don’t let that fool you — it’s usually way less than what long-term care might actually cost.

Why Might They Wait Before Sending an Offer?

It’s frustrating when you’re ready to settle and the insurance company goes quiet. No offer, no update — just crickets. But usually, there’s a reason.

Sometimes they’re waiting to see what happens with your treatment — like if you’re approved for surgery or how recovery goes. They want the full picture before putting money on the table.

Other times, it’s a strategy. If they’re fighting your claim, they might think they can win, so they’re in no rush.

And honestly, sometimes they’re just stalling to wear you down — hoping you’ll get stressed out or desperate enough to take less than your case is really worth.

What if They Never Send an Offer? Is There Anything You Can Do?

A lot of people think the insurance company has to make the first move — but that’s not how it works. If they’re not offering anything, you can still take the lead.

If you’ve hit the point where settling makes sense — maybe you're done with treatment or just ready to move on — you can send a demand and start the process yourself.

That’s where a lawyer comes in handy. A good one won’t just throw out a number — they’ll build a solid game plan, figure out what your case is worth, and push for the best deal possible.

Contact Us For Help With Your Workers' Compensation Case

If you’ve got questions about settling your workers’ comp case — or you’re just not sure what your next step should be — feel free to reach out. Give me, Rex Zachofsky, a call at 212-406-8989 — I’d be glad to hear your story and see how I can help.