Pennsylvania Workers’ Compensation Settlement

Attorney Mark Buterbaugh and Mooney Law have recovered tens of millions of dollars for Pennsylvania and Maryland injured workers.  If you are considering a Pennsylvania workers’ compensation settlement, you likely have questions about value, timing, and whether settling is the right decision. A PA workers’ comp settlement can impact your future medical care, wage loss benefits, and employment—making it one of the most important decisions in your case.

There are two major considerations in settling your workers’ compensation case:

• • Whether the settlement amount is reasonable and fair for your case
  • Whether settlement is in your best interest

Settling your workers’ compensation case should never be quick so a law firm can get the quick attorney fee.  Call Attorney Buterbaugh at 717-632-4656 for a free consultation and discuss what your case may be worth.

Are You Entitled to a Pennsylvania workers’ compensation settlement?

No, you are not legally entitled to a Pennsylvania workers’ compensation settlement. Settlements are voluntary and must be agreed upon by both the injured worker and the insurance company.

First, an insurance company cannot force you to settle your workers’ claim.  Your insurance company may pressure you to settle your claim, but you have no legal obligation to do so.  Second, you cannot force an insurance company to settle either.  Settling a workers’ compensation claim has to be a mutual endeavor by the injured worker and the insurance company.

When should you settle a Pennsylvania workers’ compensation claim?

You should consider settling a Pennsylvania workers’ compensation claim when you have reached maximum medical improvement (MMI), understand your future medical needs, and can evaluate the long-term value of your benefits. Here are some other factors:

• Have you been on workers compensation benefits for six or more months?
• Has a treating doctor advised that you can perform your pre-injury job?
• Do you want to keep working for your employer?
• Has your doctor provided you permanent work restrictions in a PA workers’ comp case?
• Are you tired of the workers compensation hassle?
• Are you totally disabled from the work injury?
• Has your doctor told advised you that have reached maximum medical improvement (MMI)?
• Are you out of work because of your injury, but have been laid off, terminated, or your employer shutdown?
• Are you still experiencing significant symptoms?
• Has your doctor discussed with you that you need surgery for your work injury?

These factors are not an exhaustive list. There are many more factors to consider when deciding whether your PA workers’ comp settlement is in your best interest.  It is also important to note that there is no specific timeline to settle your case.  Settling your workers’ compensation claim is a personal decision.  Having qualified and experienced workers’ compensation counsel to discuss your options is vital to your claim.  Attorney Mark Buterbaugh offers all injured worker free consultations to discuss whether settlement is right for you.  Speak with Attorney Buterbaugh today and see what your case may be worth.

Is resignation required in settling your workers’ compensation claim?

Unfortunately, one of the cold, harsh realities of settling your workers’ compensation case is that in most cases you will be required to resign your position.  The purpose of the resignation is to wrap up your workers’ compensation case and employment at the same time.

Logically, the insurance company requires your resignation because of the settlement funds they are paying out to you. From their point of view, they do not want to pay lump sum settlements and have the injured worker return to their employer.  The rationale behind that is you are now considered a liability to the insurance company and they do not want you discussing your settlement with other employees with the employer.

In a few instances, you may not have to resign your position as part of settlement.  In some instances, Walmart does not typically require resignation.  They are one of the few employers that generally do not require resignation.  There are a few other factors that may allow you to keep your job when settling your claim.  First, is the period of disability, meaning the time you received wage loss payments, a small, closed period?  Second, in some instances, the employer values the employee and does not seek resignation.  Third, your specific position with the employer could impact whether you have to resign.  Again, these circumstances are quite narrow, and in most cases, resignation will be required in order to settle your workers’ compensation claim.

Can you reopen your case after a Pennsylvania workers’ compensation settlement?

The reason it is so important to consider all factors in your case prior to settling your claim is that once the settlement if approved by a Pennsylvania Workers’ Compensation Judge, the claim is forever closed and can never be reopened.  That impact is significant and a paramount reason why you should seek the advice of an experienced Pennsylvania workers’ compensation lawyer before entering a settlement of your case.

Pennsylvania workers’ compensation settlements are considered ‘full and final’.  Can you reopen your workers’ compensation case if you settle if:

• Your medical condition worsens –> NO
• It is determined after settlement that you need surgery –> NO
• Your injury requires more time off work after settlement –> NO
• You realize another body part what part of the original work injury and is now much more symptomatic –> NO
• You have second thoughts about the settlement –>  NO

In other words, settlement is ‘full and final’ and your case can never be reopened once your settlement is approved by a Workers’ Compensation Judge.  Speak to Attorney Mark Buterbaugh about whether settlement and timing of settlement is right for you.  Schedule your free consultation by calling 717-632-4656.

What factors affect workers’ comp settlement value in Pennsylvania?

Besides the Specific Loss requirements of the Pennsylvania Workers’ Compensation Act, the Act does not provide guidance to valuing a workers’ compensation case.  Specific Loss provisions in the Act provide a number of weeks for amputation and loss of use.  Otherwise, settlement value is impacted by numerous factors, such as:

• Severity of your injury
• Need for future medical treatment
• Need for surgery
• Your average weekly wage
• Are you currently receiving wage loss benefits
• Case posture
• What Judge is assigned to your case
• What specific litigation is pending
• How much risk are you willing to take in litigation
• Credibility of your doctor
• Are your work restrictions permanent
• Can you return to any type of work
• What are your goals of your case
• Who is the insurance company

This is certainly not an exhaustive list, but these are common factors and concerns that impact settlement value.

Find Out What Your Case Is Worth
Every Pennsylvania workers’ compensation settlement is different. Call 717-632-4656 now for a free consultation and get a personalized evaluation of your case.

How does the settlement process work in Pennsylvania?

Many settlements are agreed to in workers’ compensation mediation process in Pennsylvania.  Other settlements are negotiated between your attorney and the attorney for the insurance company.  Regardless how settlement decision is reached, paperwork is drafted by the attorneys.

The main settlement document is called a Compromise and Release Agreement. Additionally, there will be Act 109 documents regarding child support as well.    Once all settlement documents are drafted, your workers’ compensation attorney should review each document with you prior to you signing the documents.  This is critical to ensure that the language within the agreement is correct and meets your expectations and understanding of the settlement terms.  Given the impact the settlement has on your workers’ compensation rights, reviewing the documents is critically important.  You should be prepared to ask your attorney questions you may have regarding settlement.

After all documents are signed by all parties to the agreement, they are uploaded to the state information system, WCAIS.  A hearing is then scheduled before a Pennsylvania Workers’ Compensation Judge.  This hearing is not very long but is important.  The Workers’ Compensation Judge will hold a hearing.  You will be asked questions by your attorney and the attorney or the insurance company about the terms of the settlement agreement.  This is important because the only decision before Workers’ Compensation Judge for a settlement is whether you understand the terms of the agreement and its impact on your workers’ compensation rights.

Once the Judge determines you understand the settlement and its impact, the Judge will issue a written decision, usually within a few days of the hearing, approving the settlement.

How long does it take to get a workers’ comp settlement check in Pennsylvania?

There are specific time constraints on the insurance company on payment of the settlement funds.  In Pennsylvania, you typically receive your workers’ compensation settlement check within 20 days after the judge approves the agreement.  Failure to comply with these time constraints can subject the insurance company to penalties under the PA Workers’ Compensation Act.

Why choose Attorney Mark Buterbaugh to help with your settlement

• More than a decade of Pennsylvania and Maryland workers’ compensation litigation experience
• Local professional counsel for Southcentral PA injured workers
• Designation a Super Lawyer by the national magazine, Super Lawyers, in Workers’ Compensation
• Selected as a Top 25 PA workers’ compensation attorney in Pennsylvania by the National Trial Lawyers
• Free consultations
• Tens of millions recovered for Pennsylvania and Maryland injured workers

We help injured workers negotiate fair and reasonable Pennsylvania workers’ compensation settlements throughout:

• Adams County in Gettysburg and surrounding areas
• Cumberland County in areas surrounding Carlisle, Mechanicsburg, and Lemoyne areas
• Dauphin County in areas surrounding Harrisburg
• Franklin County and Fulton County, in areas around Chambersburg, Shippensburg, Waynesboro, Greencastle, and McConnellsburg
• York County, in areas surrounding Hanover and York
• Lancaster County and Lebanon County, in areas surrounding Lancaster and Lebanon

Contact Attorney Mark Buterbaugh and Mooney Law today for your FREE consultation at 717-632-4656 and to find out your case settlement value.  You can also visit the Mooney Law website to schedule consultation form at Mooney4Law.com.