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 […]

Is my Pennsylvania work injury covered by workers comp?

Generally, if you were hurt on the job,  you may be entitled to workers compensation benefits.   I say generally, because in most cases, work injuries are covered.  Are there instances where a work injury may not be compensable under the Pennsylvania Workers Compensation Act?  Yes, there are certain defined employer affirmative defenses that could potentially cause your work injury to […]

How does child support impact your Pennsylvania Workers Compensation?

If you owe child support, does that impact your Pennsylvania workers compensation benefits?  The quick answer is — YES.  Let’s take a look.  Whether you settle your workers compensation case or go to a Judge’s decision, a child support affidavit, generally referred to as Act 109 documents, and a corresponding child support search, is required under the PA Workers Compensation […]

Facts About an IME Exam In Pennsylvania Workers Comp Cases

In nearly all Pennsylvania workers compensation cases that involve litigation, the injured worker must attend an independent medical examination (IME). Often I have clients ask just what is this examination all about. Here are a few facts regarding IME exams in Pennsylvania workers compensation. ‘IME’ stands for ‘independent medical examination’, but in reality, it is an insurance evaluation examination. The […]

PA hikes Workers Compensation rates after Protz Decision

The Pennsylvania Department of Insurance hiked the workers compensation insurance premium for the second time within a year.  The Department of Insurance already hiked rates 6.6% that went into effect on February 1, 2018.  This second hike will increase premiums by .7% to go into effect on April 1, 2018. Both jumps follow a state Supreme Court ruling last summer […]

In Pennsylvania Workers Compensation, what happens if my claim petition is not answered?

Over the past eight weeks, for some reason, I have had three different claim petitions filed on behalf in injured workers in which the employer and its insurance carrier failed to file a timely answer.  Kind of odd.  That is more than I have had in the prior two years.  So what happens then? First, what is a timely answer?  […]

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 […]

How long does Workers Compensation litigation take in Pennsylvania

An obvious question asked by many clients is just how long does Workers Compensation litigation take in Pennsylvania. It is a concerning issue for many injured workers because they are either off work with a denied injury or off work and the insurance carrier has accepted the injury, but only for medical purposes, not wage loss. That means that the […]

In Pennsylvania, what happens to Medicare Set Aside Funds

You may have heard about Medicare Set Aside agreements when it comes to Workers Compensation lump sum settlements.  They are complex and confusing too many.  Let me try and help explain a little about this complex area of law. First, when is a Medicare Set Aside agreement required as part of a structured workers compensation settlement?  Generally, with a worker’s compensation […]

What is a Notice of Ability to Return to Work in Pennsylvania?

A Notice of Ability to Return to work in a standard form in Pennsylvania Workers Compensation claims.  I get calls from clients and potential clients that are concerned about receiving this form.  So what is this form and what does it mean? First, this form is prescribed by Section 306(b)(3) of the PA Workers’ Compensation Act.  The form essentially provides to […]