Legal Question in Workers Comp in Pennsylvania
Settlment Amounts?
I was wondering if there are guidelines to how settlement amounts are calculated. My girlfriend's case began about 2 years ago. She fell on a tarp left by a construction crew, while she was working. She broke her foot in two places and just recently was deemed ''permanently disabled'' by an indpendent doctor. We were both hoping that maybe we could get some kind of ball park range of amounts that might be expected. I realize that every case is unique and there are many factors that affect judgements, but if anyone could offer any insight on how the judgement process works, we'd both appreciate it.
2 Answers from Attorneys
Re: Settlment Amounts?
There is no book ot chart to consult. As you mentioned, there are a variety of factors which the insurer will consider in making an offer to settle a worker's comp claim. It would be best for your friend to consult an experienced worker's comp atty to provide advice after considering all the relevant factors. I have handled many of these cases. Your friend can contact me. Richard Teitell, Esquire- 610-668-6424.
Re: Settlment Amounts?
While it is correct that there are no guidelines or charts to determine the amount of a settlement, the basic factors are these:
Take your friends weekly comp rate and multiply it by 500 weeks. Then this amount has to be reduced to its present value, or what would it cost today to invest money to produce a return equal to what your friend will be paid over the next 500 weeks. Other factors include the strength of your friends's case, and whether the insurance comnpany could locate work in the general geographical area that your friend could do. Finally,, your friend must decide whether he or she wishes to settle the medical payment aspect of her case as well as the disability portion. This has a seperate value and depends on what type of medical expenses she will need in the future. If you have any further questions, please feel free to contact me.