If you were injured in an accident on the job or became ill due to workplace conditions, then you might be entitled to claim workers’ compensation benefits. Workers’ compensation is a type of insurance carried by employers to help cover the cost of an employee’s medical expenses and lost earnings if they’re hurt. If you have questions about your ability to obtain benefits, reach out to the skilled Pennsylvania workers’ compensation attorneys at Calhoon and Kaminsky P.C. for a free consultation.
WHAT IS A WORKERS’ COMP SETTLEMENT?
A workers’ compensation settlement is a negotiated amount of benefits agreed upon by you and your employer. In Pennsylvania, it can come as a lump sum (also called a Compromise & Release) or a structured settlement. Lump-sum settlements are the most common.
When you settle for the lump sum, you forfeit your rights to receive other workers’ compensation benefits in exchange for a single payment.
When you accept a settlement, you give up the ability to receive regular but smaller workers’ compensation benefits checks. For some, the lump sum is a more attractive option because they can receive a larger amount all at once.
WORKERS’ COMP SETTLEMENTS: COMPROMISE & RELEASE AGREEMENTS
Once your workers’ compensation claim has been resolved by both sides voluntarily agreeing to certain terms, the next step is to request a hearing before a workers’ compensation judge. The judge needs to approve any workers’ compensation settlement, which is referred to as a Compromise & Release.
To receive the judge’s approval, you will need to appear at a hearing where the judge will review the Compromise & Release. Then, your attorney and your employer’s attorney will ask questions to ensure that you understand the agreement. If the workers’ compensation judge approves the Compromise & Release, they will issue an Order approving it.
WORKERS’ COMPENSATION SETTLEMENT TIME FRAME
So how long do workers’ compensation settlements take?
Once the Order is issued, the employer, or their insurer, has a maximum of 30 days to make the settlement payment agreed upon in the Compromise & Release.
You will have the right to appeal the Order for 20 days after it is signed, so most insurers will not issue a settlement check until after that period has passed. However, if you sign a waiver of appeal, the insurer may be willing to issue your settlement check sooner.
If your employer, or its insurer, fails to issue the settlement check within 30 days of the Judge’s order, then you can file a Penalty Petition. If the Penalty Petition is granted, the workers’ compensation judge may award additional money for the late settlement payment.
CONTACT CALHOON AND KAMINSKY P.C. TODAY
At Calhoon and Kaminsky P.C., our attorneys have the knowledge and experience necessary to answer all of your questions regarding workers’ compensation and can even help expedite the process.
For answers to more of your questions or to receive a free workers’ compensation case evaluation, call or contact us today.
