York, PA asked in Workers' Compensation for Pennsylvania

Q: Can I still get medical treatment after signing a compromise and release agreement?

I had an accident in 2016 and I have been in physical, speech and occupational therapy for more than 6 months. I haven't receive a single dollar from my ex employer for time loss. They are taking me to court to sign a compromise and release agreement and pay me a small sum of money to settle my case.

I have problems with my knees, neck, back, left eye, memory loss and a few months ago I was diagnosed with depression because since I had they accident I haven't been able to work as before the accident.

I will like to know if I can file a law suit or about how much should I ask to settle my case??

Should I ask for time loss pay or is included in the sum I will get?

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2 Lawyer Answers
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Kingston, PA
  • Licensed in Pennsylvania

A: If you sign the Compromise and Release Agreement you will only receive what is in the agreement. It is unlikely that the agreement will allow for payment of ongoing medical bills, and you cannot file suit against your employer. You must pursue your damages through workers' compensation.

You cannot be forced to sign a Compromise and Release Agreement, but if you do sign it your claim will be over. I would strongly suggest that you meet with a workers' compensation lawyer before signing this agreement and if you do not believe it is fair, you do not have to sign it.

Richard Alan Jaffe agrees with this answer

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

A: It is difficult to properly answer your question without knowing the terms of the Compromise and Release Agreement.

If you enter into what is called a" Full" Compromise and Release Agreement, you would be foregoing your right to receive any ongoing reasonable and necessary medical treatment for your work-weighted injury. If the Compromise and Release Agreement is for indemnity benefits alone, you would be able to continue to receive reasonable and necessary medical treatment for the injuries enumerated in paragraph 4.

If you are represented by an Attorney, it is imperative that you discuss the legal significance of the Compromise and Release Agreement before entering into same. If you are not currently represented by an Attorney, it is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law to go over the terms of the Compromise and Release Agreement to determine whether, or not, they are in your best interest.

Based upon the concerns which you have expressed in your question, it may not be the appropriate time to enter into such a Settlement with your Employer and its Workers Compensation Carrier without the benefit of and Experience Workers Compensation Attorney.

Timothy Belt agrees with this answer

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