Harrisburg Workers’ Compensation Settlement Lawyer
If you’ve been injured on the job and filed a workers’ compensation claim for benefits, it’s important to understand the basics of the workers’ compensation settlement process. While many workers’ compensation claims are resolved via settlement, settling your case isn’t always the only option. For more information about how to maximize your settlement and/or what to do if you and the workers’ compensation insurer disagree, call our experienced Harrisburg workers’ compensation settlement lawyers at the offices of Ira H. Weinstock, P.C.
What Is a Workers’ Compensation Settlement?
A workers’ compensation settlement, known as a Compromise and Release, is typically the last step in the workers’ compensation claim process. When a settlement is reached, the insurer will provide the injured worker with a negotiated lump sum payment after a formal hearing before a Pennsylvania Workers’ Compensation Judge. In exchange, the injured worker gives up his/her right to pursue further wage loss benefits and/or medical benefits for the same injury. This is part of the reason why ensuring that your settlement is fair and just before you accept it is so important; once you accept, you will not be able to seek more money even if your condition gets worse.
How Does the Settlement Process Unfold?
It is wise idea to wait until you have concluded your medical care or/and reached Maximum Medical Improvement (MMI) to settle your case. If you settle too early, you may later realize that you have other medical expenses, such as the costs of a necessary surgery, that you were not compensated.
The value of your settlement is based on a number of things, including the full value of your medical expenses, your earning loss, and the extent of your injury. If your injury is disabling, you are entitled to wage loss benefits, known as temporary total disability and permanent partial disability benefits.
Our office will review all the medical records including your medical restrictions and help determine a proper demand to make to the insurance carrier to resolve your workers’ compensation case. Typically, the workers’ compensation insurer will also review all evidence related to your case, and then offer a settlement they think is appropriate. You will have the opportunity to accept, or reject that settlement. Negotiations can be a lengthy process. Before you do either, it is strongly recommended that you have the settlement reviewed by an experienced lawyer.
If you accept the settlement, the case will be over. If you reject the settlement, you can propose a counter-offer. From here, negotiations will ensue. If the parties agree, you may also meet with the insurer during a mediated session or series of sessions. If a settlement cannot be reached, the claim is disputed. If your claim is disputed, you have the right to continue to receive benefits subject to Employer’s right to challenge your right to benefits. Any disputes will be ultimately decided by a Workers’ Compensation Judge.
Work with a Harrisburg Workers’ Compensation Lawyer
The best way to maximize your workers’ compensation settlement and recover the compensation you deserve is to hire a skilled Harrisburg workers’ compensation lawyer to represent you throughout the process. At the law offices of Ira H. Weinstock, P.C., we are skilled negotiators and have successfully recovered large settlements on our clients’ behalf. To schedule your free consultation with our team, please call us today or send us a message at your convenience.