The 1996 amendments to Pennsylvania workers' compensation law allow workers' compensation settlements for the first time. This has opened the door for workers' compensation insurance companies to attempt to close claims by offering lump sum payments to injured workers. Needless to say, there is typically a very large difference of opinion as to what a workers' compensation insurance company wants to pay and what an injured worker should accept. It is important to remember that the workers' compensation insurance company cannot make an injured worker accept a settlement. Many times, a settlement, even when it provides for a large payment, is not in the injured worker's best interest. At The Workers' Compensation Institute, we have developed detailed standards for workers' compensation settlements and provide our clients with the insight necessary to know when it is in their best interest to walk away from the settlement table. Likewise, in cases where a settlement is achieved, we guide our clients through the process to insure that The Workers' Compensation Institute clients are significantly better off after a settlement than they would have been had they remained in the workers' compensation safety net.
Settlements are not easy. They involve complex issues of law including integration with Federal Social Security Disability Benefits as well as offset issues which were previously described in the Survival Guide. In addition, workers' compensation insurance companies will often want to settle your claim for medical benefits, and there are serious legal dangers involved in this aspect of settlements.
Generally speaking, you should consult our office if any of the following is true:
1. You have been on workers' compensation for more than 6 months;
2. You suffered a serious work injury; or
3. You think there may be a chance that you cannot return to your pre-injury job.
Tip #1 - Be Sure Your Injury Description Is Correct
Tip #2 - Be Sure Your Wage Rate Is Correct
Tip #3 - Document Receipt Of Late Checks
Tip #4 - Beware Of Offsets To Your Benefits
Tip #5 - Know The Significance Of An Independant Medical Exam
Tip #6 - Know Whose Side The Rehab Nurse Is On
Tip #7 - What Out For Labor Market Surveys
Tip #8 - Be Sure Your Medical Bills Are Paid Promptly
Tip #9 - Prepare For The Impairment Rating Exam
Tip #10 - Plan Before You Settle
Smigel, Anderson & Sacks
ATTORNEYS AT LAW
4431 North Front Street • Harrisburg, PA 17110
717.234.2401 • 1.877.CompHelp