Legal Question in Workers Comp in Pennsylvania

time to settle

i have a comp case in the state of pa and i have been collecting max ben. for almost two years.my att. says that they will want to settle soon as they do not want to pay max ben.anymore.?i made over 50,000 that year and still lost out on two months pay(around 12,000)more so it would put me up to aprox.62,000.my att says he thinks 2 years ben is a fair price to settle on.1 year ben is only 36,000 so thats only 72,000 total for medical and cash.i will most likely have trouble with my injury in the future and have a doctors report to prove this thats why i won and still recive my ben.do you not think that two years of total wages should be a fair price that would be around120,000 alot more than the 72,000 he said.also how long do they have to pay if i dont settle.my job is no longer avail.and i have been released to work on light duty but my employer must find me a job as i moved to another state.this is another reason i won my case.very compl. case.


Asked on 9/03/08, 5:40 am

1 Answer from Attorneys
Terrence Valko ERISA Disability Lawyer

Re: time to settle

I like to demand 5x WCR for a C&R, all else being equal. 100K used to be a glass ceiling. Now the figure is about 250K.

Too many cooks spoil the soup. Ask your Atty if he can demand 5 years and settle for three. If surgery is forseeable, and it is a microsdiscectomy or foraminectomy or some such bit of general surgery under anesthesia, the value of same is 30-50K. Thus, 3 x 36K + 40K = 148K. That's one way to justify 150K gross recovery under your facts.

If your lawyer finds out you're inquiring behind her back, she may discharge you.

Good Luck

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Answered on 9/03/08, 5:33 pm


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