Legal Question in Workers Comp in Pennsylvania

Re: are they required to settle

you need to make an application I wtrongly urge you to get an attny it will be worth it.. you also have a possible products liability case.

Re: are they required to settle

If your injury has developed into a specific loss, you could contact the worker's comp insurer & discuss with the adjuster. Worker's comp matters are not handled through the court system. However, keep in mind the adjuster is well trained in these issues, & I am guessing you are not. If you do this yourself you may find that you have been deprived of benefits you should have obtained. You would be wise to contact an experienced worker's comp attorney to assist you through the process. My office is very experienced in this types of cases. Please feel free to contact me. Good luck!!

Re: are they required to settle

I completely agree with Richard's comments about the wisdom of seeing an attorney who specializes in workers comp. You didn't say whether you have actually returned to work or how your earning ability is affected. If you are still getting weekly benefits, it's not necessarily in your interest to get the specific loss payment, because that can end your weekly payments for being disabled. So it's important to have an attorneyh to make sure you get all the benfits available.

But I wanted to mention something else. You may have the right to claim full damages: pain and suffering, all future lost earnings, etc., from the machine manufacturer, designer, or some companies other than your employer. My firm handles many of these type of cases for workers who have lost hands, fingers, arms, etc., in factory accidents.

You should definitely consult an attorney about this; you only have 2 years from the accident date to sue, and the amount at stake is potentially a lot more than the comp benefits.

Re: are they required to settle

The answer to your question is they may settle for your specific loss claim. They do not have to do anything. The standard for specific loss is whether you have lost the use of the limb for all practical "intents and purposes". If this is the case then you do have a claim for specific loss. If they still will not settle with you will need to use the courts. You may also have a claim against the manufacturer of the machine for the loss of your right hand.