Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future pain&suffering/gas miles etc were included w 2nd offer.Emp agreed to MED prior to lawyer hiring.1st offer was 25k&12 days ago.Lawyer doubts offer for more or trial still option.Im concerned w/future problems &MED cost/wage loss. I didn't think inj. would be 1.5+yrs.I get 32k for PT is decent but feel time w my 2yr old gone forever w/ all the issues/pain/severe depression &changing future way I wrk is worth more.Possibly need surgery& only gets paid for w/ trial win?I'm scared about surgery.I dont expect a million but inj. is permanent.Pain will subside but disc permanetly herniated & changes entire life.Heard stories people think amount is good&need more later.Do I Accept?Hold 4more&future costs?Trial?PLS HELP!!THANKS!!

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

A: By way of general information, workers' compensation is not like personal injury where you can obtain additional money for pain and suffering, loss of enjoyment of life or loss of opportunity. Workers' compensation awards-assuming there is not a death, loss of use of a body part or facial scar-are confined to related wage loss and related medical. So, the fact that you have pain or that your relationship with your child is impacted is awful, but it does not add any money to your settlement value.

As to whether your settlement offer is fair, no one on here will be able to answer that. We have not reviewed your medical records. We do not have access to the transcripts from the testimony. We do not know who the judge, employer, insurance company or opposing attorney are. All of these things, and many more, matter in determining the value of a case. You have an attorney. I would suggest that you schedule an appointment with your attorney to sit down and go over your concerns. Your attorney should know all of the details of your case and will be in a position to explain why this offer is good or bad. Good luck!

Glenn Neiman agrees with this answer

1 user found this answer helpful

Glenn Neiman
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Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: First, take stories you hear from other people with a grain of salt. Even if they are not exaggerating, every case is different (based on the facts of the case). One settlement amount has no real relevance to another case. You have an attorney you trust (as you should!). Nobody on this board, no matter how good we are, can be in a better position to give you feedback than your attorney. We do not know the specific facts of your case. Good luck!

Timothy Belt agrees with this answer

1 user found this answer helpful

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