Morgantown, WV asked in Workers' Compensation for Pennsylvania

Q: Wc 4 2 yrs, 3 surgeries, perm. L/D restrictions,. job eliminated, wc wants to settle 4 remaining 400 wks. Good offer?

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2 Lawyer Answers
Richard Alan Jaffe
Richard Alan Jaffe
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: Many factors go into determining the settlement value of a Workers Compensation Claim including, but not limited to the Claimant's Average Weekly Wage and corresponding Weekly Disability Rate, the extent of Claimant's injuries, whether, or not, there is any Litigation pending and if so the identity of the Judge, whether, or not, the Workers Compensation Carrier is in possession of an IME with an opinion of full recovery or restrictions to go back to work, as well as other factors.

I do note that you have submitted your question from Morgantown West Virginia, and if you are, in fact, receiving Workers Compensation Benefits from the State of Pennsylvania, as opposed to West Virginia, it would be my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to discuss your rights and remedies and more importantly, whether, or not, it is appropriate to Settle your case, at this time.

Most Attorneys will accept your Case on a Contingent Fee Basis and the initial consultation is usually free of charge.

Timothy Belt agrees with this answer

Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: You should look for a member of the Trial Lawyers Assn in whatever state the injury was, who handles workers comp. As Mr. Jaffe notes, they give free consultations. Besides your question, depending on how the injury happened and exactly when, you may have additonal claims. Basic question for an attorney is :"what's the liklihood I do better?" Other thing to watch is a) are you signing off medical benefits? You have serioius issues and need treatment. b) did you apply for Social Security Disability? If you got that then maybe a wages settlemtn may be good (note that there are ways to do it and ways not but if you havn't applied for SSD, get that app rolling.

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