How long does it take to settle a workers comp case in PA?
I. A Brief Recap: The Basics of Workers Compensation
What is workers compensation? Simply put, it’s insurance that provides wage replacement and medical benefits to employees injured at work. In Pennsylvania, there are unique aspects to be understood.
II. The Landscape of Workers Comp Cases in PA
It is not always a straight line. In Pennsylvania, the terrain includes reporting the injury, getting medical care and if the employer does not accept the injury, you should contact an attorney who has experience with work injury cases and file a claim.
A. Reporting Injuries
In PA, you must report an injury within 21 days to get paid from the date of injury.
B. Medical Care and Lost Wages
In Pennsylvania, you must see an employer-directed healthcare provider for 90 days. And remember, wage benefits might not kick in immediately if you do not provide notice of the work injury within 21 days from the date of injury.
C. Mediation Process
Mediation is when a neutral third party helps steer the negotiations to a mutual agreement. Before settling your case you should consider the long term limitations of the work injury
III. Types of Settlements
A. Compromise and Release Agreements
A lump sum is paid, and the case is closed. Again, consider the long-term limitations of your work injury before settling the future medicals of the work injury.
B. Stipulation Agreements
The employer decides to accept the work injury and pay your wage loss and medical expenses for the work injury. An experienced attorney will make sure the correct description of the work injury is indicated in the stipulation and that you are receiving the correct amount of wage loss benefits each week.
IV. The Clock: Time Frame for Settling Workers Comp Cases
How long did it take to get here?
A. The Time Frame
Stipulation Agreements can happen early in the case if you have supportive medical evidence, and you provide your employer with a clear picture of how and when you were injured. Again, settling the case for a lump sum should not be pursued until you understand the long-term limitations from the work injury.
B. Factors Affecting the Time Frame
There are obstacles in every case. The complexity of the case, the willingness to negotiate, and the effectiveness of your workers’ comp lawyer can affect the timeline.
FAQs
Is it necessary to have a workers comp lawyer in PA?
Not necessary, but highly advisable.
Do I have to accept the first settlement offer?
No, you can negotiate or seek mediation.
How do workers comp payments work in PA?
It can be a lump sum or be paid in weekly wage loss benefits until you are able to return to the time of injury position.