Settling Your Workers Comp Claim May Not Be In Your Best Interest

Many of the law firms you see all over TV simply want those big fees from settling your workers compensation case.   I have had clients contact me after settling their case elsewhere, because they need additional treatment or their medical condition is worsening.  The main premises to take here is this — if you settle your case in Pennsylvania, you are done!   There is virtually no chance to reopen your case.  If you settle, it is over forever.  That is why it is imperative to a fruitful discussion with your attorney before settling your claim.

At Mooney Law, we vigorously fight for our clients.  We are a litigating law firm.  Going to decision on cases is not a fear to us.  The fact is, settlement of workers compensation cases are not always in the best interest of the injured worker.   You and your attorney should consider multiple factors before deciding to settle your workers compensation case.  Some of those factors are:

  1. Severity and permanency of your injury;
  2. What is the extent of medical treatment still remaining;
  3. Likewise, what may the future medical costs be for your condition;
  4. Will you be able to work at all after settlement;
  5. What is the extent of unpaid medical bills and will the carrier agree to pay them;
  6. Would you receive more by going to decision than settling your claim;
  7. Is the description of injury too narrow;
  8. Strength of evidence in your case

We recently won a case where at the last minute we received an increased offer to settle the case.  I met with my client.  Together, we decided it was not in the best interest to settle the case.   My client was owed just as much in past due benefits as the settlement amount, my client had ongoing, substantial symptoms, there were outstanding and unpaid medical bills, and a potential surgery may still linger.  This is only one example of where it truly was not in our client’s best interest to take a lump sum settlement.

Many law firms look to settle cases quickly.  They want the fees.  But, that does not mean it is best for YOU.  If you do not settle the case before a decision is issued, does that mean you lose out on any settlement?  Not if you win your case.  It will likely still settle later.  You can read more about Pennsylvania workers’ compensation settlements here.  At Mooney Law, we take every step to assist our clients.  We are deeply experienced, trusted, tested, and proven in workers compensation.    We are not the type of law firm that just wants to settle your case and get that quick fee.  Mooney Law provides much more areas of practice than just workers compensation and personal injury.  We have a full general practice, including divorce and custody, criminal defense, civil litigation, business formation, and more.  What that means is our reputation is important to us.  We have many repeat clients return to use for other legal matters.  If you have been injured at work, talk to us.  We can meet with you in anyone of our fourteen offices or, given the COVID-19 pandemic, we can provide a phone consultation.  Our Workers Compensation consultations are FREE.  Call today at 833-MOONEYLAW or 717-200-HELP.

Mark Buterbaugh

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