When you’re injured at work, getting timely benefits is crucial. Unfortunately, many employees experience frustrating delays in their CNA workers’ comp cases. If you’re facing this situation, it’s important to stay calm and act strategically. Seeking legal help for workplace injury claims early on can also strengthen your position and reduce stress.
Understand Why Delays Happen
First, identify why your case is delayed. Common reasons include missing documentation, incomplete medical records, disputes over injury severity, or questions about whether the injury was work-related.
Sometimes, the delay may be administrative – such as the adjuster having too many files to process promptly. In other cases, it might be intentional if the insurer is hoping you’ll settle for less or abandon your claim. Knowing the reason helps you choose your next step wisely.
Maintain Thorough Records
Keep all paperwork related to your injury organized. This includes accident reports, medical bills, treatment summaries, and communication with your employer or CNA adjuster.
If you have a phone conversation with your adjuster, follow up with an email summarizing what was discussed. This creates a written record in case there are disputes later.
Communicate Consistently
If you don’t hear back within a reasonable time, follow up politely but firmly. Adjusters manage many claims, and sometimes yours may slip down the list unintentionally. Regular check-ins show that you’re monitoring your case closely and expecting progress.
However, avoid overwhelming them with daily calls or emails, as this can be counterproductive. A weekly follow-up is generally reasonable unless you’re waiting for urgent authorization, such as for surgery or treatment.
Seek Medical Treatment Continuously
Even if your benefits are delayed, do not stop treatment. Attend all doctor appointments and follow prescribed care plans.
Gaping in treatment can be used against you to argue that your injury isn’t severe. If finances are tight due to delayed payments, explain the situation to your provider. Some will agree to place your bills on hold until your claim is resolved.
Request a Hearing If Necessary
If your case is unreasonably delayed, you may request a hearing before the workers’ compensation board in your state. This formal process can compel the insurer to act.
However, hearings can be complex and intimidating without representation. This is when having an experienced attorney becomes invaluable. They can file motions, gather evidence efficiently, and argue persuasively on your behalf.
Know Your Rights Under State Law
Each state has timelines for processing workers’ comp claims. For example, there may be rules requiring insurers to accept or deny claims within 14-30 days. If CNA violates these deadlines without valid reasons, they could face penalties.
Research your state’s workers’ comp laws or consult an attorney to understand these deadlines. Knowing your rights empowers you to take confident action rather than waiting endlessly.
Consider Hiring an Attorney
While you can handle some delays independently, legal intervention is often necessary if CNA refuses to respond, delays treatment approvals repeatedly, or denies your valid claim without cause.
An attorney specializing in workers’ compensation can negotiate assertively, escalate the issue through the proper channels, and ensure your rights are protected. Most offer free consultations and only get paid if they win your case, reducing financial risk for you.
Stay Patient but Proactive
Delays in workers’ comp cases are common, but how you handle them makes a significant difference. Keep calm, gather evidence, communicate consistently, and enforce your rights if the insurer is unreasonably delaying your benefits.
Remember, your health and financial stability depend on these payments and approvals. Don’t let an unresponsive insurer undermine your recovery or force you back to work before you’re ready. Stay informed, stay organized, and seek professional help when needed.
