Will Pennsylvania Workers’ Comp Offer Me a Settlement?

In Pennsylvania, if you have been injured on the job or suffered an illness due to your job, you are eligible for workers’ comp benefits. At some point, the workers’ comp insurance company will likely approach you about a settlement. Sometimes, a settlement is in your best interest. You may want to accept a fair lump sum to avoid the time and nuisance of the workers’ comp process. However, before you settle your claim, you should understand what rights you are giving up.

If you have been injured or suffered illness on the job in Pennsylvania, let a Lancaster job injury lawyer at Vanasse Law LLC help you decide what your best options are.

What Is a Workers’ Comp Settlement?

Workers’ comp settlements in Pennsylvania are formally referred to as “compromise and release agreements.”  When you settle your claim, you generally surrender your right to all workers’ comp benefits in exchange for a sum of money.

Most settlements are paid in a lump sum, although the insurance company might agree to a structured settlement if you have severe injuries and need long-term care. A structured settlement is paid over time, be it weeks, months, or even years. Depending on the terms of your structured settlement, you may receive payments each month, annually, or every few years.

When Can I Settle My Pennsylvania Workers’ Comp Claim?

In Pennsylvania, the earliest you can settle your claim is four months after your date of injury. However, it’s challenging to value a settlement while you are still recovering accurately. That’s why most workers wait to settle their claims until they reach maximum medical improvement (MMI) when your doctor finds that your condition is stable and will no longer improve with any further treatment.

It’s important to remember that you are typically giving up lifetime benefits when you settle your claim. If you are unsure about whether to settle, an experienced Lancaster job injury lawyer at Vanasse Law LLC can help you assess the risks and benefits.

What Is a Commutation of Compensation?

You may be able to receive a lump sum payment without agreeing to a full and final settlement. If you are already receiving workers’ comp benefits in Pennsylvania, you can request for them to be paid off in a single lump sum. This is called a “commutation of compensation.” Typically, your total benefits will be discounted by 5% to bring them to present value. With a commutation, you are not giving up your other workers’ comp benefits, such as medical treatment.

Can I Change My Mind?

No. Once a judge approves your settlement and it is signed off, it is final. You cannot reopen your claim or demand additional benefits. Therefore, most injured workers consult with a workers’ comp lawyer before they settle. A Lancaster job injury lawyer will help you understand your claim’s value, negotiate a fair settlement, and ensure that your settlement paperwork is completed correctly.

Contact a Lancaster Job Injury Lawyer for More Information About Workers’ Comp Settlements

Deciding whether to accept a workers’ comp settlement is an important decision that will affect the rest of your life. There’s no need to make this decision alone. The Lancaster job injury lawyers Vanasse Law LLC are experienced in this area and can help you examine your various options. Our experienced workers’ comp attorneys are on your side and can help guide you through this life-altering decision.

Let us help. Contact us online for a same-day response.