If My Workers’ Compensation Settlement Isn’t Fair, Then the Work Comp Judge Won’t Approve It. Right?

WRONG! Workers’ Compensation Judges in Pennsylvania are not allowed to tell an injured worker:

  • That settlement is a bad idea.
  • That the settlement is too low.
  • That  writing off medical coverage is a bad idea.
  • That there is an important relationship between settling a Workers’ Compensation case and Social Security benefits.
  • That the injured worker should be holding out for a better deal.

The Only Thing that a Workers’ Compensation Judge can do is make sure the injured worker know and understand what they are doing.

Prior to changes in the WC law in the 1990s; Judges ( then called Referees) were allowed to decide whether or not a proposed settlement was in the best interests of the injured worker. If the Referee thought that the injured worker was making a mistake; the Referee would say so.

Changes in the law in the 1990s took away that power and specifically directed that Workers’ Compensation Judges could only ask if the injured worker understood the words contained in the settlement document called a Compromise and Release.

Make sure that you have an experienced lawyer who answers all of your questions in a reasonable and informative way. You have no protection other than your attorney in a Workers’ Compensation settlement.

The law firm of Calhoon and Kaminsky P.C., represents injured workers throughout Pennsylvania. If you have questions about your PA Workers’ Compensation Compromise and Release (Settlement) call and speak to an attorney for FREE, 717-695-4722.