Although no one wants or expects injuries to occur in the workplace, they do happen. A workplace injury can have a devastating impact on your family because your family's needs and daily expenses do not stop just because you are injured. Fortunately, employers in Pennsylvania are required to provide workers' compensation benefits for their injured workers. However, often times employers contest valid claims and/or rush injured employees back to work before the worker is physically able.

The lawyers at Kelly, Parker & Cohen LLP represent injured workers, protect their families and ensure their rights are protected under the law. We also provide counseling on whether an injured worker should settle their claim.

YOUR RIGHTS

The Pennsylvania Worker's Compensation Act provides benefits to injured workers which include lost wages, medical expenses, vocational rehabilitation and death benefits. These benefits are provided regardless of who was at fault or the previous physical condition of the injured worker. An injured worker will receive lost wages equal to two-thirds of their gross wages, averaged from a period before the date of injury.

STEPS TO TAKE IF YOU ARE INJURED

1. Notify your employer as soon as possible.
2. Seek medical treatment and follow their recommendations.
3. Keep track of out-of pocket expenses (medical co-pays, prescription medication, mileage and parking for medical treatment).

SETTLEMENTS

Often times, injured employees sustain permanent injuries which require them to change jobs and/or seek occupational retraining and education. Unfortunately, the workers' compensation insurance carrier is not required to pay for these life changes which can have a serious impact on the injured employees' earnings for years. These are the type of situations where it makes sense to negotiate a settlement.

In Pennsylvania, there are two types of workers' compensation settlements. The first is referred to as a full compromise and release. This concept involves a situation in which you receive a lump sum and give up your right to receive any further disability payments (whether they are called partial or full/total disability), as well as the right to receive the payment of any further medical expenses.

The second type of settlement is referred to as a modified compromise and release. The modified compromise and release involves a situation in which the injured employee receives a lump sum payment in consideration for giving up the right to receive future disability payments, but the medical portion of the claim remains open. This means the insurance company will remain responsible for payment of future medical bills which are reasonable, necessary and related to the treatment of the work-related injury. Calculating the amount of a settlement in workers' compensation cases is a difficult and complex process. Hiring an experienced workers' compensation attorney will take the complexity out of the process and provide sound guidance on whether it is in the best interest of the injured worker to settle past and future wages loss benefits and/or future medical benefits and work with you to determine the fair lump sum settlement.

The lawyers at Kelly, Parker & Cohen LLP can work with you to determine if a lump sum settlement is in your best interest and what is a fair amount for lump sum settlement in your case.

For more information please contact Anthony W. Parker online or by calling us at (717) 920-2220 for a free consultation.