When To Settle A Workers Comp Case – How long does a worker’s compensation case take? It usually takes about a year before a Pennsylvania judge decides your case.
The average time for workers’ compensation claims in Pennsylvania is one year (12-14 months). This seems like a long time, so let’s see the reasons:
When To Settle A Workers Comp Case
First, the law gives your employer and their workers’ compensation insurance company more leverage when you report a work injury. They can decide if they want to pay the benefits you are entitled to. As a result, employers and their workers’ compensation insurance companies often deny claims and refuse to pay claims. When this happens, you have to fight for it to be good for you.
Should You Settle Your Workers’ Comp Case Or Go To Trial
Second, Pennsylvania has a federal court system specifically for workers’ compensation cases. Judges only hear workers’ compensation cases and have the authority to award or deny benefits. In order to fight for your benefits, your lawyer will file a petition to start a lawsuit.
While each workers’ compensation attorney has their own process, a typical case involves the six steps outlined below.
Importantly, you must notify your employer of your injury or illness within 120 days. If you have recently been injured and have not yet reported your injury or filed a claim, please read more about workers’ compensation in Pennsylvania here and contact an attorney as soon as possible.
This is the first step in the workers’ compensation litigation process. If your claim is denied, your attorney will file a claim. This document puts your case in court and the trial begins. It tells how you were injured, when it happened, how it happened and other details.
Settle A Workers’ Comp Claim?
Your case will then be given to a judge. When this happens, you will receive a letter with the date of the first hearing with the judge. In most cases, the judge will expect you to testify at this initial hearing. If you do, this is your chance to tell the judge your case. In some cases, the judge may schedule another time for you to testify. In either case, the judge will provide the parties with a summary of your case.
Unfortunately, the judge may not give you a chance at this first hearing. Both you and your employer should be given an opportunity to give evidence before the judge makes a decision.
When the judge schedules your case for a preliminary hearing, he or she will usually give your attorney about three months to present medical evidence that supports your claim for workers’ compensation. In some cases, your attorney may submit medical records or reports for the judge to review. In some cases, your attorney may hire a medical expert to give oral testimony.
When a doctor testifies, it usually happens out of court. A court reporter will attend to record the evidence. Your attorney will submit a copy of the evidence to the judge in support of your case.
Average Values Of Workers Comp Benefits Settlements
In addition to submitting medical evidence to support your claim, your employer has the opportunity to submit medical evidence to dispute your claim. In general, your employer must complete their evidence within at least three months after the medical evidence is submitted to the judge.
To obtain such medical evidence, your employer is usually allowed to send you a doctor called an independent medical examination, or IME. IME is a medical exam paid for by your employer. The doctor will examine you once, review the medical records related to your injury and treatment, and then write a report. That statement will be the evidence your employer will use to dispute your claim. Your employer can submit a report or arrange to testify orally, just as your lawyer did for your medical evidence.
Mediation is a mandatory formal meeting where a workers’ compensation attorney works with both parties to determine if you can reach a settlement agreement. Both parties must go, but neither party must settle. The goal is for the judge to understand both parties’ strengths, weaknesses, and the risks involved, which will help the parties reach a resolution. As a result, this is considered an important part of the employee’s trial period.
If you reach an agreement during mediation, your case is not over. This is because in Pennsylvania, all workers’ compensation contracts must be approved by a judge. Therefore, you will schedule another hearing with the judge in your case. Before the hearing, you will review the documents that include the terms of your settlement. Once you get to the hearing, the attorney and judge will ask you questions to make sure you understand the terms of your settlement. If the judge is confident that you understand, he will approve your settlement and your case will be over.
If I Get A Lump Sum Settlement From Workers’ Comp Can I Return To Work?
If you do not reach a settlement agreement at mediation, your case will continue with the plan already provided by your judge. While you may still end up reaching a settlement agreement at some point in the future, mediation is the best time to do so because you have a judge to help you negotiate and negotiate.
When you have the opportunity to tell your side of the story, your employer will also testify about their side of the story. Depending on your judge’s rules, this placement can happen in or out of court. While you may not completely agree with your employer’s version of events, they have the right to present this evidence to the judge. Your attorney has the right to cross-examine your employer’s witnesses, which means your attorney can ask questions to show where their case may be wrong.
The workers’ compensation judge will also conduct the final hearing. As you can imagine, this is an important part of the fixed-term compensation plan. Here, the judge will make sure that both parties have been able to submit all the evidence they need for the judge to consider. If that is done, the judge will close the record. This means that the judge does not accept any evidence from the other side.
At the final hearing, your workers’ compensation judge will give both attorneys time to present your case. This usually takes 30-60 days. In written statements, the lawyers explain how they want the judge to give evidence and the conclusions they want the judge to make. The lawyer will also point out any weaknesses in the other side. After the lawyers have submitted their written submissions, your case is in the hands of the judge.
What Is The Average Workers’ Comp Settlement?
After the lawyers have submitted their written arguments to the judge, you can simply wait for the judge to issue a ruling. Usually, it takes about 90 days for the judge to write his decision and send it by mail. Both you and your attorney will receive a copy when it is served. This marks the end of the trial period for workers.
Hopefully, the judge will find in your favor and grant all the benefits you have been fighting for. If not, your attorney will review the decision and decide whether you will be successful in the appeal. If both parties are not happy with the judge’s decision, they have 20 days to appeal. If neither party appeals, the result becomes final. It is important that you discuss the judge’s decision with your lawyer so that you understand the outcome.
At this point it may be a year or more, but it is important to note that some cases resolve as quickly as four months in the process. This is possible in selected cases. For that matter, you should always consult an attorney to get an accurate estimate of your workers’ compensation schedule.
For more than 25 years, Kitay Law Offices has been defending the rights of Pennsylvania workers. If you have been injured on the job and your employer is not honoring your rights established by the state of Pennsylvania to support its injured workers, you should call Kitay Law Offices today for a free consultation.
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Paul has extensive experience in litigating Pennsylvania workers’ compensation cases. In fact, a skilled attorney will work aggressively to protect your rights. Above all, Paul will make sure that the workers’ compensation laws in Pennsylvania are working for you. Don’t settle for less. Here’s what you need to know and how an attorney can increase your chances of recovery.
A work-related injury or illness can have long-term physical and financial consequences for you and your family.
Under North Carolina law, employers are generally responsible for paying eligible injured workers the medical care they need and the wages they lose as a result of a work-related injury or illness. Hopefully, the injured worker will make a full recovery and return to their previous job with no long-term effects.
Sometimes, however, your injury can have permanent consequences, and you may be owed workers’ compensation.
Workers’ Compensation Litigation Timeline
Before you close your workers’ compensation claim and accept payment from the insurance company, consult an experienced workers’ compensation attorney with
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