Pennsylvania workers compensation settlements are important to injured workers.  Hence why I prepared this Pennsylvania workers’ compensation settlement FAQs.  It is critical for a Pennsylvania injured workers to have experienced, trusted and proven legal representation to negotiate with insurance companies.  Mooney Law has recovered tens of millions of dollars for injured workers throughout Pennsylvania and stands ready to fight for you.  Here are some common frequently asked questions regarding settlements in Pennsylvania workers’ compensation.

Am I entitled to a Pennsylvania workers’ compensation settlement?

No, injured workers are not entitled to a workers’ compensation settlement.  That being said, many cases end up settling for a lump sum.  An insurance company cannot force an injured worker to settle their claim, but likewise, you can force an insurance company to settle either.  Both sides have to want to settle.

When should I settle my workers comp claim?

Pennsylvania workers' comp settlementThis is a frequently asked question that arises often. There is no easy answer. Here are some factors you should consider when deciding whether it is the right time to pursue a potential settlement:

  • Have you been on workers compensation benefits for six or more months?
  • Has a treating doctor advised that you can return to your pre-injury job?
  • Do you want to keep working for your employer?
  • Has your doctor provided you permanent work restrictions?
  • Are you tired of the workers compensation hassle?
  • Are you totally disabled from the work injury?
  • Has your doctor told you that you have reached maximum medical improvement (MMI)?
  • Are you out of work because of your injury, but have been laid off, terminated, or your employer closed?
  • Are you still significantly symptomatic?
  • Has your doctor talked to you about a need for surgery?

These factors are certainly not an exhaustive list. There are many more factors to consider when deciding that settlement is in your best interest.  There is no specific time to settle your case.  Mooney Law is not quick to settle.  We will discuss with you what is in your best interest.

Can I keep my job if I settle my case?

In most instances, if you settle your workers’ compensation case, you will be required to resign your job.  It is a cold, harsh fact in Pennsylvania workers’ compensation cases.  There are a few instances where you may be able to keep your job, but those instances are not the norm.

Can I reopen my case if I settle?

No.  Once you settle your case in Pennsylvania, the case is forever closed and can never be reopened, even if your medical condition worsens.  That is why it is imperative to have experienced workers compensation representation before settling your claim.

What factors impact settlement value?

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 by any means but are common factors and concerns that impact settlement value.

What is the Pennsylvania workers’ compensation settlement process like?

Best way to answer this question is to just direct you to another blog post here.

Are lump sum settlements taxable?

No.  Workers’ compensation benefits, including lump sums, are not taxable at the federal or state level.  You can read more information here.  It is also best to check each year because tax laws change.

How long does it take to get my settlement check?

I just wrote an article on this topic.  Find that information here.

workers' comp consultations are freeSettling a Workers Comp claim is quite complex.  It isn’t just about the money. It is about your best interest.  Insurance carriers will always try to pay as low as they possible can.  Remember, you get one shot to settle your claim. One shot only! Once it is settled, it is done, forever.

We can help answer your questions regarding settling your Pennsylvania workers’ compensation case and whether it is in your best interest.   Remember, with Mooney Law, consultations are FREE.  It costs nothing to get your questions and concerns addressed prior to closing your case.  Contact Mooney Law for your FREE consultation at 717-200-HELP or 717-632-4656.  Visit our website’s workers’ compensation page for more details and to complete a schedule consultation form at Mooney4Law.com.

We can schedule consultation in-person, by video, or by phone for your convenience.

Attorney Mark Buterbaugh is a managing partner of Mooney Law assists Pennsylvania and Maryland injured workers.  He has been designated a Super Lawyer and a Rising Star in Pennsylvania by Super Lawyers Magazine.  Don’t settle for less.  Count on Mooney.  Find out what your case is worth.  For free.