Can You Sue Workers Comp For Taking Too Long?

Getting hurt on the job is bad enough. But when your workers’ comp checks are delayed or your medical treatment keeps getting pushed back, it can feel like an insult added to injury. 

You’re trying to heal, stay afloat financially, and figure out what’s next, and now you’re stuck waiting for a system that’s supposed to help you.

It’s enough to make anyone want to scream. Or sue. 

But can you sue workers’ comp for taking too long?

Unfortunately you can’t sue workers comp. But you have a lot of other options to get things moving again. In this post, we’ll go over everything you need to know.

Common Reasons Why Workers’ Comp Get Delayed

Before jumping into lawsuits or complaints, it helps to understand why your case might be stuck in slow motion. Most delays aren’t personal, they’re just part of how messy the system can be.

Here are a few common reasons:

• The insurance company’s waiting on more paperwork (like medical records or forms from your employer).
• Your employer didn’t report the injury right away.
• The insurance adjuster is buried under too many cases.
• There’s confusion or disagreement about your injury like how it happened, how serious it is, or if it’s work-related.
• Bureaucracy. Yes, sometimes things just get lost in the shuffle.

None of that makes it okay, but at least you know the delay might be coming from a place of red tape, not evil intent.

Also Read: Can I Sue My Employer for Not Reporting My Injury?

Can You Sue Workers Comp For Taking Too Long?

No, you can’t sue workers comp for taking too long.

Workers’ comp is a no-fault system. That means when you’re hurt on the job, you don’t have to prove fault, and in exchange, you usually give up the right to sue your employer. Same goes for the workers’ comp insurance carrier in most situations.

You can’t walk into court and sue the comp board or your employer just because your benefits are late. The system is built to run through administrative steps, not lawsuits.

But that doesn’t mean you’re totally stuck. There are things you can do.

What You Can Do If They’re Dragging Their Feet?

Just because you can’t sue right out of the gate doesn’t mean you have to take it lying down. 

If your checks are late, medical treatment is being denied, or no one’s returning your calls, you can absolutely fight back. Here’s what you can do:

#1 File A Complaint

This is what we recommend doing first. Most states have a workers’ compensation board, agency, or commission that oversees how the system runs. 

If you’re not getting your benefits or it’s taking way too long, you can file a formal complaint.

This puts pressure on the insurance company to respond – and fast.

Most boards take these complaints seriously, especially if it’s a repeat issue or someone is ignoring deadlines.

Also Read: Can You File Workers’ Comp And Personal Injury?

#2 Request A Hearing

Still no movement? You can request a hearing in front of a workers’ comp judge or hearing officer. This is where both sides explain what’s going on. You bring your paperwork, the insurance company brings theirs, and a judge makes a call.

It sounds intense, but it’s not like a big courtroom drama. It’s more like sitting in a small room and finally getting your chance to tell your side.

A hearing can help settle disputes like:

• “Why are my checks late?”
  
• “Why did they deny my treatment?”
  
• “Why is no one doing anything?”

#3 Ask For Penalties Or Interest

Some states let you ask for penalties or interest when benefits are late for no good reason. 

So if your checks are weeks behind or treatment keeps getting pushed back, you may be owed more than just the basic benefits.

This can get an insurance company’s attention real quick since nobody likes paying fines.

But keep in mind that you usually need to go through the hearing or complaint process first to make this happen.

#4 Contact Your State Ombudsman

Many states have someone called an ombudsman. They work for the state, not the insurance company, and they’re there to help injured workers navigate the system.

They can explain your rights, help fill out forms, follow up with the insurance adjuster, and guide you through the process. 

The best part is that it’s usually free.

So if you’re feeling overwhelmed or stuck, this is a great place to start.

Also Read: How To Negotiate With Insurance Adjusters

#5 Check For Bad Faith

This is where things get a little more serious. 

If the insurance company is doing things that feel unethical like intentionally delaying your benefits, ignoring court orders, or flat-out refusing to communicate, they might be acting in bad faith.

Bad faith means they’re not just slow, they’re actively trying to avoid following the law.

And in some states, that opens the door to a separate legal claim. Not against workers’ comp itself, but against the insurance company for unfair handling of your case.

These cases are absolutely worth exploring if things have gone off the rails completely.

When A Lawsuit Is Possible

You can’t sue the workers’ comp board just because they’re slow. But you might be able to sue in a few specific situations:

• The insurance company is acting in bad faith (like we just talked about).
  
• A third party (not your employer) caused your injury. For example, if you were hit by a delivery driver while on a work errand, you might be able to sue the driver.
  
• Your employer intentionally hurt you or failed to carry required workers’ comp coverage. These cases are rare, but they do happen.

If any of these sound like your situation, it’s time to call a lawyer ASAP.

Why Hiring A Workers’ Comp Attorney Helps

You don’t have to have a lawyer. But it makes a huge difference if things are dragging on.

A good workers’ comp attorney knows how to cut through the mess. They can push for hearings, file complaints, request penalties, and even go after the insurance company if they’re playing games.

They also know how to deal with delay tactics and missing paperwork. And most of the time, they only get paid if you win. So there’s no upfront cost.

They can speed things up and make sure you’re getting every benefit you’re owed.

Bottom Line

You can’t usually sue workers’ comp just for being slow, but that doesn’t mean you’re powerless.

Delays are common, but they shouldn’t go unchecked. You’ve got real steps you can take, from complaints to hearings to possibly even a lawsuit in the right case. And if you’re not sure where to start, talking to a workers’ comp lawyer can make all the difference.

Don’t let them stall you into silence. You’ve got options, and you deserve answers.