How Long Do Workers’ Comp Settlements Take in California?
Filing a claim is just the beginning. The real work begins as we push toward a fair settlement.
So, how long until you reach a workers’ comp settlement?
In California, it might take a few months, or it could stretch past a year. That depends on how complex your case is, how long recovery takes, and how quickly all parties agree on the value of your claim.
A workers’ comp settlement offer can come at any stage, whether you’re still receiving treatment or have already reached Maximum Medical Improvement (MMI).
We’ve represented countless injured workers across California, and we know how often delays can get in the way. As your attorneys, we take every step to keep your case on track and put you in the best position to reach a fair settlement or award.
In this guide, we’ll walk you through the full timeline, break down what causes delays, and explain how we help clients move their cases forward.
What’s the Average Time for a Workers’ Comp Settlement in California?
Every workers’ comp case runs on its own timeline. But if you’re trying to get a sense of what’s “normal” in California, here’s a general breakdown based on the typical phases of a case.
| Phase | Estimated Time |
| Initial claim & benefits decision | 14–90 days |
| Reaching Maximum Medical Improvement (MMI) | 3–12 months |
| Settlement negotiations | 1–6 months |
| Judge approval | 1–4 weeks |
Most cases settle in 12 to 18 months, though some can move faster or take longer depending on the injury, treatment plan, and how quickly everyone agrees on the terms.
While this table gives a rough outline, it’s not a rule. How you manage your claim while you’re recovering can also affect your timeline. Making the wrong move, even unintentionally, can lead to setbacks or jeopardize your benefits. That’s why it’s important to understand what not to do while on workers’ comp in California and to have experienced legal support guiding you through the process.
At Fontes Law Group, we keep your case moving, track every deadline, and stay focused on securing the best possible outcome without unnecessary delays.
What Affects the Timeline of a Workers’ Comp Settlement?
The timeline depends on a range of factors, from how soon you report the injury to how long it takes the insurance company to review and process your claim.
Here are some of the most important elements that can affect how long your case takes:
1. Medical Treatment and Recovery
One of the biggest factors is your recovery. You may need weeks, months, or even years of treatment before your condition stabilizes. In California, a settlement usually doesn’t happen until your doctor says you’ve reached Maximum Medical Improvement (MMI), meaning your condition has plateaued and isn’t expected to get significantly better.
Until that point, the full extent of your injury and future medical needs may not be clear. If you settle too early, you risk underestimating the true costs of ongoing care, lost income, or permanent disability. That’s why insurance companies often wait for your MMI report before making a serious offer.
That’s also why we at Fontes Law Group closely monitor your treatment progress before advising any settlement.
2. Insurance Company Response Time
Under California law, the insurance company must accept or deny your claim within 90 days of receiving it. But even after accepting your case, they may delay parts of the process, like scheduling medical exams, disputing certain treatments, or requesting more documentation.
Some insurers act quickly and communicate clearly. Others drag their feet. If they dispute your injury, deny requested care, or delay benefit payments, that can stall your entire case. It’s important to have an experienced attorney that motivates insurance adjusters to move faster and act more fairly.
3. Type of Settlement You Pursue
There are two main types of settlements in a California workers’ comp case:
- Stipulated Award: This is an agreement on your disability rating and benefits, with the option to continue receiving medical care paid by the insurance company. Payments are typically made over time.
- Compromise & Release (C&R): This is a lump-sum payment that closes out the case entirely, including future medical care.
Stipulated Awards may be resolved more quickly if there’s agreement about your condition and future care. C&R agreements often take longer to negotiate, as both sides need to understand and agree on the cost of future treatment.
At Fontes Law Group, we help our clients evaluate which option is right for their goals. Some want the long-term medical support that comes with a Stipulated Award, while others prefer the finality of a lump-sum payout. The choice can directly impact how long the process takes.
4. Disputes, Appeals, and Legal Action
Not every claim goes smoothly. If your injury is questioned, your disability rating is challenged, or your treatment plan is denied, your case could end up in dispute.
You may need to undergo an evaluation by a Qualified Medical Evaluator (QME) or even bring your case before a Workers’ Compensation Appeals Board (WCAB) judge.
These legal proceedings can stretch the timeline by several months or more. Preparing documents, attending hearings, and waiting on decisions takes time. However, it’s often necessary to get a fair outcome, especially when the insurance company isn’t cooperating.
When Can a Settlement Offer Happen?
In California, you can receive a workers’ comp settlement offer at any point during your case. That includes early in the process, while you’re still receiving medical treatment, or after you’ve reached Maximum Medical Improvement (MMI).
That said, most settlement offers happen after you reach MMI, because that’s when the insurance company has a full understanding of your long-term medical needs and disability rating. But there’s nothing in the law that prevents them from making an offer earlier.
Be cautious with early offers. If you settle too soon, before you know the full extent of your injuries or what care you’ll need, you could end up with far less than your case is worth.
Workers’ Comp Settlement Timeline: Step-by-Step
The workers’ compensation claim process involves several key steps. Ideally, this is how the timeline should unfold when everything moves as it’s supposed to.
| Step 1: Injury and Notice | The employee notifies the employer of the injury. |
| Step 2: Claim Form Submitted | Employer provides and files a DWC-1 claim form with the insurance company. |
| Step 3: Medical Treatment Begins | Employee receives treatment from a doctor in the Medical Provider Network (MPN). |
| Step 4: Insurance Investigation | Insurer investigates the claim and must accept or deny within 90 days. |
| Step 5: Temporary Disability Benefits | If approved, temporary disability payments begin while the employee recovers. |
| Step 6: Maximum Medical Improvement (MMI) | A doctor declares the employee’s condition has stabilized. |
| Step 7: Permanent Disability Rating | If any lasting impairment exists, a disability rating is assigned. |
| Step 8: Settlement Discussions Begin | The employee or attorney negotiates with the insurance company. |
| Step 9: Settlement Agreement | Parties agree to a Stipulated Award or Compromise & Release. |
| Step 10: Judge Review and Approval | A workers’ comp judge reviews and approves the settlement. |
| Step 11: Payment Issued | Settlement funds are disbursed per the agreement. |
Can You Speed Up the Process?
In many cases, yes.
The key is to stay proactive. Get medical care as soon as possible and follow your doctor’s instructions closely. Keep detailed records of your treatments, work restrictions, and missed wages.
Stay in regular contact with your attorney so nothing falls through the cracks. And if your condition has stabilized, you might consider a lump sum settlement to close your case faster, if it’s the right move for your situation.
How Fontes Law Group Can Help
We’ve helped workers across Southern California get the care and compensation they deserve. Our legal team builds strong claims, fights delays, and negotiates fair settlements.
We’re bilingual, local, and experienced. With offices in Santa Ana and Riverside, we’re ready to represent you, whether you speak English or Spanish.
Quick Questions and Real Answers
Q: Can I settle before MMI?
Usually no. You need a doctor to declare MMI before permanent disability can be assessed.
Q: What if I need surgery or more treatment?
You may qualify for temporary disability benefits until you recover.
Q: My claim was denied. What now?
You can still fight it. We’ll represent you in hearings and appeals.
Q: Can I change doctors?
Yes, but within approved medical networks. We’ll help you navigate it.
Bottom Line
Workers’ comp settlements in California often take a year or more, but you don’t have to wait in the dark. With Fontes Law Group on your side, you’ll have experienced guidance and pressure applied where it matters.
We help workers in Santa Ana, Riverside, and across Southern California. And yes, we speak both English and Spanish.
Let’s get your case moving. Contact Fontes Law Group today.