Legal Question in Workers Comp in Pennsylvania

settlement amount

I was injuried on my job 5/9/07 i had 2 surgies.I had a spinal cord stimulator put in which is a lifetime thing my battery has to be changed evry 4-6 yrs my attorney wants to take the companys offer which is only 50 he told me that i can't get pain and suffering i'm not happy with that amount what can i do for him to demand more


Asked on 2/19/09, 8:17 pm

3 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: settlement amount

No one can force you to settle your claim. There are times that it is better to settle. Your atty is correct in that there is no value or recovery for pain and suffering in WC. The factors that go into valuing a settlement are your pre-injury avg weekly wage, your benefit rate and the liklihood that the ins co will pay medicals in the future. A lot can depend on the current status of litigation. Please feel free to contact my partner, Jim Monaghan for a free consultation. We handle WC matters across the state.

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Answered on 2/20/09, 8:39 am
Michael Murphy The Law Offices of Jerry Foley

Re: settlement amount

Because you are represented, I would speak to your lawyer.

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Answered on 2/20/09, 9:38 am
Terrence Valko ERISA Disability Lawyer

Re: settlement amount

Counsel is correct that you are viewed as an economic robot without regard to pain and suffering. That's the way Workers' Comp has been since its inception.

50 K is not bad depending on what your wages were at time of injury. I would be treading on thin ice to say anything more thatn that. If you made much over 25 K a year and the implanted spinal cord stimulator's batteryChange will be expensive in your area, then maybe a C&R would not be in your better interest.

Are you getting checks now or fighting on a claim petition? Too may cooks spoil the soup. Suprisingly, most lawyers do the right thing almost always regardless of what you may have heard.

Good Luck,

TV

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Answered on 2/19/09, 8:55 pm


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