Legal Question in Workers Comp in Pennsylvania

Work related Injury

I was recently injured at work and the resukts of my injury is a herniated disk. Can I get a lump sum for this injury


Asked on 2/10/09, 11:28 pm

2 Answers from Attorneys

James Monaghan Law Office of James V. Monaghan

Re: Work related Injury

The answer is largely dependent on the expected future disability. A lump sum is offered when the ins co wants to buy out your entitlement to future disability and medical payments. If that future disability is limited they may not be willing to offer a lump sum. You should be represented by an atty if you are discussing a lump sum in order to get full value for the settlement. Please feel free to call my office to discuss.

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Answered on 2/11/09, 9:48 am
Terrence Valko ERISA Disability Lawyer

Re: Work related Injury

HNP cases are often the best because of the existence of strong medical evidence. Questions to ask are, how much were you making in earnings, how bad are the symptoms, is surgery recommended, is it a frank herniation or more of a bulge, is there nerve root compression, what do the radiographs (MRIs, CT scans, xRays) look like, were you a long-term loyal employee, would it be hard to get you back to full occupational functioning for your job title, what would your other job options be if you couldn't return to normal work, is your physician truly loyal to patients or susceptible to insurance company bureaucrats who might sign their checks, do you have witnesses in your life who could explain to a Judge how your life has been impacted by the work-related injury?

short answer: any lawyer who has done WC like I have for 20+ years will have his ears perk up at the prospect of representing a Lumbar L4-5 , L5-S1 or Cervical C5-6 or C6-7 frank disc herniation, because of a likely lump sum payday. Expect to pau 20% contingent fee.

Good Luck

Terry

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Answered on 2/11/09, 12:41 pm


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