Philadelphia Workers' Compensation Attorney
Workers' Compensation law allows an injured worker to settle his or her claim for a lump sum or recurring payment. The value of a Workers' Compensation is dependent upon the average weekly wage of the injured worker and the severity of the injury, although, unlike Personal Injury law, the severity of the injury is less important than the average weekly wage. Insurance companies will generally pay between two years and five years of compensation, depending on how serious the injury is and the likelihood of an injured worker returning to work. For instance, if an injured worker has an average weekly wage of $677.00, his or her compensation rate would be $489.00 per week. One year of compensation at that rate is $25,428.00, plus the cost of medical treatment related to the work injury.
If an injured worker is not interested in receiving weekly compensation checks from the insurance company it might make sense to settle the case for a lump sum. The thought of receiving a lump sum payment is very attractive, however, it is important to bear in mind that when insurance companies settle cases, they like to settle the entire case. That means that they do not like settling the wage loss portion of the case and keeping the medical portion of the case open. The reason for this is that insurance companies like certainty. They do not like the idea of having to pay an unknown amount of money for an unknown amount of time. In some cases, the insurance company will agree to pay medical costs for a certain period, but this is not particularly common.
If an injured worker is severely hurt and not getting better anytime soon, even with treatment, it likely does not make much sense to settle the case for a lump sum because the insurance company would no longer be responsible for paying for work-related medical treatment. However, if the injured worker is getting better, and does not need a lot of treatment, it makes sense to settle the case. It is important to know that insurance companies go to great lengths to investigate cases, and they do not like to pay an injured worker any longer than they have to. If an injured worker is getting better, the insurance company will attempt cut off the benefits by filing various petitions. This means going to court to testify, taking doctors’ depositions, and having other experts testify. Injured workers also want to move on with their lives, and suffering through years of litigation is not a good way to move on.
Workers' Compensation Philadelphia Attorney
A Workers’ Compensation case can be worth quite a bit of money, and it is important to know your rights if you have been injured on the job. The attorneys at Greg Prosmushkin, P.C. have experience winning many cases for injured workers and negotiating favorable settlements, if it is in the injured worker’s best interest and needs. If you have been injured at work, call Greg Prosmushkin, P.C. for a free consultation.
This content was written on behalf of Greg Prosmushkin.