Solov & TeitellWorkers’ Compensation Call (213) 380-9310
HomeAnswers › "How long will this take?"

Common questions

"How long will this take?"

On this page

The short answer

A simple accepted claim with a full recovery can close in under a year. A disputed claim with surgery and a rating fight commonly runs two to three years. A catastrophic or total disability case runs longer than that.

Anyone who gives you a date at the first meeting is guessing.

What actually controls the clock

Your medical condition, more than anything else. A case cannot resolve on permanent disability until you are permanent and stationary — meaning your condition has plateaued. If you need surgery and a year of recovery, that is a year the case cannot end, and no lawyer can compress it.

Whether the claim was accepted. A denial adds months, sometimes more than a year.

Whether treatment gets denied. Each utilization review dispute and IMR appeal has its own cycle. How that works.

The medical-legal evaluation. Obtaining a panel, scheduling the exam, waiting for the report, and — where the report is inadequate — obtaining a supplemental report or taking a deposition. This is frequently the longest stretch in the case. The QME process.

And how many body parts and how much apportionment is in dispute.

The parts with fixed timing

Step Timing
Accept, delay, or deny 14 days
90-day presumption If liability is not rejected in 90 days, the injury is presumed compensable
IMR after a UR denial Request within 30 days
Mandatory Settlement Conference 10–30 days after a Declaration of Readiness
Trial Within 75 days of the DOR
Decision after trial Taken under submission — not from the bench
Petition for Reconsideration 20 days; the Board has 60 days from transmittal to act — § 5909 runs from the date the judge transmits the case, not from filing

The full timeline, stage by stage.

What makes it take longer than it should

Nobody moving it. Cases sit. A Declaration of Readiness is what forces the calendar, and it can be filed by either side.

An inadequate medical-legal report. A report that does not address a body part, does not explain apportionment, or does not state restrictions specifically has to be fixed — supplemental report, deposition, or a new evaluation — and each of those is months.

Body parts added late. Every addition restarts a piece of the medical development. Why compensable consequences have to be raised early.

And treatment disputes that are never appealed. A denial that sits does not resolve itself.

What you get while you wait

This is the part that matters more than the end date.

Medical treatment — including up to $10,000 while the claim is investigated or denied, under § 5402(c).

Temporary disability every two weeks while you are off work — and a late payment carries an automatic 10% under § 4650(d). More.

Permanent disability advances, once there is a rating basis.

A case taking a long time is not the same as a case where nothing is being paid. If nothing is being paid, that is a separate problem with its own remedies. When nothing is happening.

Talk to a lawyer

Free consultation. No fee unless we recover. You are not responsible for costs we advance if there is no recovery.

(213) 380-931024/7 intake (213) 463-6469

General information about California law, not legal advice about your case.

Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469

Printed from https://www.solovteitell.com/answers/how-long-will-my-case-take/ · Last reviewed 2026-08-23