Legal Question in Workers Comp in Pennsylvania

suggestion by WC to negotiate a settlement

Injured knee 12/10. Started comp 12/21. Torn ACL. I am 60 yrs old, have prior history from 1971 and 1981 (partial menicus and then clean up of the rest. Now torm ACL compounde by OsteoArthritis from old injury. PT not helping, taking shots to lubricate knee. Option but not yet, total knee replace.

Comp suggesting possible settlement. Should I be considering this ? what type of compensation can I expect ? wages to age 62 ? medical covergae to 62 ? or is this a here's some crumbs, you better jump at it. I have excellent medical coverage where I work, I would have to go back to work, ''as tolerated'' (no light duty) and risk reinjury

what should I be looking at ?


Asked on 3/17/08, 6:08 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: suggestion by WC to negotiate a settlement

Settlement is always something to consider. The question is valuation. You shouldn't negotiate with the insurance company without legal counsel. Please call my office and I can properly calculate a demand and then you can make an informed decision as to whether it is in your best interest.

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Answered on 3/18/08, 10:03 am
Michael Monheit Monheit Law

Re: suggestion by WC to negotiate a settlement

Settlement can be for wage loss, medical or both. With a serious injury and Medicare issues, I would think very carefully before you give up your right to future medical. Pennsylvania is a wage loss state so if your employer has work within your medical restrictions, you may have to go back. If there is a wage loss even if you are back, your worker compensation benefits would make up the difference.

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Answered on 3/24/08, 1:17 pm


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