Legal Question in Workers Comp in Pennsylvania
Should I settle?
I developed hypersensitivity pneumonitis in my lungs from working in a wood factory. A second IME Doctor chosen by Work Comp. agreed it came from sawdust or wood at work. Work comp has back paid me 6 months. Now they want to settle. They say they will give me 1-1/2 yrs pay to settle.
Am I only entitled to two years payments? If I don't settle, they said they will have to find me a job. Do I have to take any job regardless of the type and pay of the job? One last question, my medical would be open for 6 months. Do they have to cover my medical if I have more problems with my breathing and lungs in the future if I settle?
3 Answers from Attorneys
Re: Should I settle?
Your questions are way too important to be answered online. You're talking about a decision which could affect your rights permanently. Free advice is only worth what it costs; in this case, it could cost you a lot.
Don't think that I'm a greedy lawyer looking to get paid. My firm doesn't even handle comp claims.
The reason is that there's no black and white answers to questions like, how much comp are you entitled to, or what type of light-duty work could you do. Those questions really depend on the facts, and only your own lawyer can provide any meaningful advice.
I'll give you one easy answer, though. Settlement, on a "Compromise and Release" means a settlement. If the agreement says they'll pay medicals for 6 months, that's what it means. You can't come back in 3 years, if your condition gets worse, and reopen it.
One more comment: the terms of a settlement are NEGOTIABLE. The company's offer is not based on what you're entitled to; it's based on their interest in closing a file and hoping to save money, long term. Maybe it's a "fair" offer, maybe it's "lowball." I have no way of knowing, but I'm pretty sure a good comp attorney could netgotiate a better deal that would more than cover the fee.
Re: Should I settle?
it is very difficult to advise you as to the settlement offer without knowing more. I can tell you that the WC carrier will attempt to curt you off from payments. They do that in a variety of ways, one being getting a doctor to put you back to work. They do have a right to try to find you a job and pay you the difference in income. This, many times , is not possible, and they will need to continue to pay you. You do not have to settle for a lump sum. You need a lawyer to help you get thru this. I can reccommend someone for you if you tell me the county where you reside.
Re: Should I settle?
You really need to consult with an experienced worker's comp attorney in your area before doing anything else. Settlements are negotiable. My initial impression is that 1-1/2 years is not sufficient, but I do not know all the facts. If you contact me I can recommend an experienced worker's comp attorney in your area for you to contact. Most lawyer's will at least give you a brief consultation without charging you. Good luck!!
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