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Settling Your Workers’ Comp Claim During The Pandemic

  • Dave Brown, Esquire
  • 06/01/2020

If you injured yourself at work before the pandemic, during the pandemic, or you get injured after the pandemic, you are entitled to workers’ compensation benefits in Pennsylvania – and you may be able to settle your case for a lump sum as well as payment for your medical treatment including continuing payments, if necessary, for ongoing medical treatment.

Regardless of when your work injury occurs, and what type of work injury that you sustain, if the insurance company denies your workers’ comp claim (which they often do for a flimsy reason or no reason at all), you will need a top workers’ comp. lawyer to represent you – like one of the lawyers at the firm of Pearson Koutcher Law.

A workers’ compensation attorney from Pearson Koutcher Law will file a petition on your behalf and ask for everything that you are entitled to under the law. The primary benefits that we will seek for you are money for your lost wages if you cannot work, and payment of your medical bills. If you have scarring to your face or neck or have lost the use of one of your body parts, we will ask for additional money, which you are entitled to under the Pennsylvania Workers’ Compensation Act.

Your case will go before a workers’ compensation judge in the area in which you live. Even during the pandemic, judges are still holding hearings – either telephonically or by Skype or Webex, in which the judge will be able to see you when you testify about your injuries (our office will walk you through the process to ensure you are set up for your hearing). At the first hearing, the judge will ask the lawyer for the insurance company and your lawyer — which will hopefully be one of our lawyers at Pearson Koutcher Law — whether both sides are interested in participating in a mediation, also known as a settlement conference, which is held in front of a different judge to avoid any preconceived notions or biases and allows the attorneys to settle your case as quickly as possible. Our philosophy at Pearson Koutcher Law is that normally it is a good idea to agree to a mediation because settlement is something to consider seriously.

Here’s why a settlement can be in your best interest. No matter how serious your injuries are, no matter how much pain you are in, and no matter how good you think your case is, the reality is that when a judge decides your case, there is always a chance that you will lose, or you will only win part of your case and lose the rest. If you lose your case, you get nothing; if you win your case partially, you will receive benefits for a short period of time and then they will be cut off.

Insurance companies are concerned about the possibility that they will lose cases, so they are frequently open to participating in mediations with the hope of reaching settlements. If you settle your case, you will get paid one lump sum of money and (normally) your medical bills for your injury will be paid up until the time that your settlement is approved by the judge.. The big advantage of a settlement for you is that you will receive money sooner rather than waiting for the judge to make a decision in your case, which could take a year or longer. Settling also eliminates the risk of the judge ruling against you, and you ending up with $0. Plus, settlement allows you to focus on recovery and return to your routine.

At Pearson Koutcher Law, we have negotiated favorable settlements in thousands of cases for our clients. If you hire us, we will use our high degree of skill and extensive experience to obtain the best possible settlement for you. So whether you injure your foot, knee, back, hand, shoulder, or any other part of your body, or you contract COVID-19 or some other disease as a result of your job, if you hire Pearson Koutcher Law, we will zealously represent you in your workers’ compensation case. Please contact us, and we will schedule you for a free and comprehensive consultation with one of our lawyers as soon as possible.