Am I entitled to a settlement in Pennsylvania Workers’ Compensation?

In Pennsylvania, injured workers are not entitled to a settlement.  That is the quick, easy answer.  However, most Pennsylvania workers’ compensation cases in litigation do indeed end with a settlement.

There are two critical points to remember when we talk about Pennsylvania workers’ compensation settlements.  First, no employer, insurance carrier, attorney, or Workers’ Compensation Judge (WCJ) can force an injured worker to settle their case.  If you do not want to settle your case then you do not have to settle your case.  However, on the flip side, an employer and insurance carrier also can’t be forced to settle a case either.  It is a hard concept for some to accept, but, it is fact.  If an insurance carrier is not interested in settling a case, then the injured workers is not entitled to a settlement.  Settlements have to be mutual assent of both parties.

It is also important for injured workers to understand that there are various factors to consider when settling a workers’ compensation case.   Additionally, there are various factors that are considered when determining settlement value.   Fact is, each case is different.  Just because a friend has the same injury does not mean your settlement will be the same.  You can read more about work injury settlements here.  You case may be worth more or less than someone you may know.  Workers’ Compensation is a complex area of law that involves a complex set of laws, statutes, and regulations.  It is an area of law that revolves around medical knowledge.    One final thought on workers’ compensation settlements that injured workers should understand is the fact that there is NO pain and suffering in workers’ compensation cases.  That is a frustrating concept for injured workers to understand, but it is an unfortunate reality.  You can read more about Pennsylvania workers’ compensation settlements here.

If you have been injured at work, the best thing you can do for yourself and your case is to seek an experienced workers’ compensation attorney.     It is a specialty area of law and experience and familiarity with the Pennsylvania Workers’ Compensation Act, department regulations, and burdens of proof are critical.  Most litigated cases also involve depositions with doctors.  At Mooney Law, we have a dedicated workers’ compensation practice that has recovered millions and millions of dollars for injured workers throughout Pennsylvania and Maryland.  We are proven, experienced, and trusted.  Call today for an absolutely FREE consultation at 717-200-HELP or 833-MOONEYLAW.  You can also visit our website at

Mark Buterbaugh

Attorney representing injured workers and Social Security Disability clients in Pennsylvania and Maryland.