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    Archive for May, 2023

    How to Know If You Should Settle Your Pennsylvania Workers’ Comp Claim

    At Vanasse Law, LLC, we have represented a number of persons injured on the job in Pennsylvania and have a plethora of experience handling any issues related to on-the-job injuries. Our Lancaster job injury lawyer, Mike Vanasse, has addressed a number of concerns from persons that have questions regarding their injury and the workers’ compensation process. One of the most common queries he receives is how can a claimant know if they should settle their claim. The following are ways to know whether or not you, the claimant, should settle your workers’ comp claim.

    Strength Of Your Case

    Every workers’ compensation case is different and it is the details that typically determine how strong a claim you have. When the case is strong and the evidence is overwhelmingly in your favor, it may not be a good idea to settle. However, if your evidence is weak and you are not sure how a judge would rule, it may be in your best interest to settle your claim. 

    Evidence that is considered in a workers’ comp claim includes the credibility of the doctor. Will the doctor whose testimony you are relying on be a convincing witness during litigation? Also, are your medical records thorough and do they solidly back your claim? Does the insurance company have surveillance that shows you acting in a way that contradicts the extent of your injuries? These are all matters to consider when a settlement offer is on the table. 

    It can be very difficult to judge the strength of your own case, which is why having a Lancaster job injury lawyer on your side that knows the factors that matter is so essential. 

    Your Ability To Work & Your Prognosis

    Whether or not you are able to work and your future prognosis can have an impact on whether or not your should settle your workers’ compensation claim. If you are facing a poor prognosis and do not want the stress that can accompany a litigated claim, it may be in your best interest to consider a settlement. Doing so can prevent you from having to worry about what the future holds for you and your loved ones financially. In these cases, it is best to consult with your Lancaster job injury lawyer as well as your doctor regarding your medical prospects and what is best for your health.

    In some cases, the insurer will stipulate that as part of the settlement, you must resign from your position permanently. If you are so injured that you cannot perform your previous employment duties, this may not be a point of contention. However, if you enjoy your job and are still able to perform your duties, you may not be willing to resign which would mean that a settlement would not be in your best interest.  

    The Settlement Amount Offered

    This may seem obvious, but whether or not you should accept a settlement offer depends largely on the amount of the settlement offer when compared with many other considerations, including:

    • Future medical treatments that will be required
    • Future therapies that will be required
    • Future medications that will be required
    • Your ability to work in the future
    • Your earning capacity if you are able to work
    • Other compensation that may be available to you, such as funds from a third-party personal injury lawsuit
    • Other benefits that may be available to you, such as Medicare and Social Security Disability Insurance
    • Outstanding medical bills and whether or not they are paid in full
    • Your financial situation excluding the settlement funds; in other words, is the settlement money needed ASAP?
    • The type of job you performed

    Carefully considering all these factors and more is the best way to determine whether or not you should accept a settlement offer from an insurer. A Lancaster job injury lawyer from Vanasse Law, LLC, can help you determine what your claim is worth and whether or not the settlement offer you received is high enough to consider settlement. 

    Listen To Your Lancaster Job Injury Lawyer 

    We cannot overemphasize the importance of seeking a professional legal opinion from a Lancaster job injury lawyer. Once you have settled the case, and a judge has signed the settlement, there is no ability to un-do the settlement if you later change your mind. Having a lawyer that understands the workers’ comp process review your case is the best way to be certain that you are not giving up any rights you should retain and that you are not leaving money on the table.   

    Many injured workers avoid consulting with a lawyer because they mistakenly believe they will have to pay the attorney up-front for their services when in reality workers’ comp lawyers generally work on a commission basis. This means that if you do not get paid, your lawyer does not get paid. Also, it means that the more you get paid, the more your Lancaster job injury lawyer receives as well, which can be very motivating. 

    Workers comp is a niche area of the law, which means that there are nuances you will not know about that your attorney will be aware of. The insurer is aware of this as well, and when you have a lawyer, they are more likely to treat your case seriously. Having a lawyer will also place you on equal ground with the lawyers from the insurer and is the best way to receive the highest settlement amount. 

    Meet Mike Vanasse, an Experienced Lancaster Job Injury Lawyer

    If you or a loved one has been injured on the job in Pennsylvania, you need the representation of an experienced Lancaster job injury lawyer. Mike Vanasse of Vanasse Law, LLC, has over 25 years of litigating workers’ comp claims under his belt and he can put that experience to work for you. He can be reached by calling 717-397-1010 or via our contact page.