Injured Workers Should Be Aware of Settlement Offers

It is that time.  With 2018 on the horizon, businesses are trying to get some loose ends tied up before the calendar turns.  Workers compensation insurance carriers are the same way.   They like to close out as many claims as possible to not carry them into the next year.  That means you may get an offer to settle your workers compensation claim.

My advice — exercise caution.  Call Mooney & Associates for a FREE consultation before setting your workers compensation claim.  Why?

1.  Are you ready to settle your claim, medically speaking.  Are you done with surgeries?  Do you need additional injections?  Are you getting better?  Are you going to have permanent work restrictions?  What are your costs for future medical treatment?  These are all very important questions that need to be discussed and thought through and can impact both the feasibility  of settlement and value of your case.

2.  Is it fair?  Most times, what an insurance carrier is going to offer you, is below what is really the settlement value of your case.   Listen, their number one concern is to get out of each claim as cheaply as possible.  You and your future are not their concern.  Our concern is you and ensuring you are getting the fairest settlement possible.  We will work hard to maximize your settlement value.  Every injury is different.  Every story is different.  Every carrier is different.  Every employer is different.  There are a ton of factors that go into what is ‘fair and reasonable’ and that is why it is absolutely paramount for you to get expertise advice form an experienced workers compensation professional.

3.  Are there other issues going on in your case?  What are your future medical costs?  Do you have outstanding medical bills not being paid by the insurance carrier?  Did you pay for prescriptions or doctor visits and paid out of your pocket?  Is there a subrogation lien with your health insurance?  Is there a subrogation lien from Medicare or Medicaid?  Are there any applicable offsets?  These issues can get quite complex.

4.  Is it the right time?  This is the most important question when settling your claim.  It may not be the right time for you.  We will sit down with you, listen to your concerns, become familiar with your claim, then provide our advice.  I have advised hundreds of clients to NOT settle at a particular time.  It is a very important and personal decision and we take that time to discuss it with you.  What about social security disability?  Should I apply before settling or after settling?  Am I eligible for social security disability?  Is it an option for me?  Will I have to resign from my job?

5.  Remember, it is final.  In most circumstances, when an insurance carrier settles a claim, it is completely settled.   What does that mean?  It means your entitlement to wage loss benefits and any future medical benefits ends completely.  Any future medical costs for your work injury becomes your sole and exclusive responsibility.  That is precisely why it is such an important decision.  Just because you settle does not mean your private health insurance, Medicare, or Medicaid will pick up your costs related to your work injury.    There are hybrid type settlements that fully leave medicals open or leave medicals open for a limited purpose, but they are certainly the minority type of settlement in workers compensation.  Given the significant impact that settlement has on your rights under the Pennsylvania Workers Compensation Act, speaking with an experienced workers compensation attorney is a no-brainer.  You can read more about Pennsylvania workers’ compensation settlements here.

Mooney & Associates had fifteen office locations through Central Pennsylvania.  We can meet you at the location closest to you.  We have full staffed offices, open Monday through Friday, in Chambersburg, Shippensburg, Carlisle, Harrisburg, York, Gettysburg, and Hanover.  Additionally, not only can we handle Pennsylvania workers compensation cases, but we can also handle Maryland Workers Compensation cases.

Call today for a FREE consultation at 171-200-HELP or 1-877-632-4656.  You can also email me directly at  Visit us on the web at


Mark Buterbaugh

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