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How Long Will My Workers’ Compensation Case Take?

  • Jon Koutcher
  • 09/03/2021

The most common question from clients is how long their Workers’ Compensation case will take.  To answer this question, it is important to understand the claim process.  If your claim has been denied, or the insurance company simply has not acted on your claim, a Claim Petition will need to be filed.  It is the injured workers burden of proof to establish all of the elements to support a claim, including the happening of an accident occurring while working, which results in an injury causing a disability.  Evidence needs to be obtained, including testimony from the injured worker and a treating healthcare provider.  Most evidence can be gathered within 90 days.  The insurance company then has an opportunity to present evidence to defend the claim.  Often the insurance company will present testimony from an employer witness and a physician who evaluated the injured worker during an independent medical exam. A typical case will take 6 to 9 months to fully litigate.

Will My Workers’ Compensation Case Be Fully Litigated And Settled Before A Judge?

Many cases, however, are not fully litigated and settle before a Judge issues a decision on the mertis of the case.  In fact, this seems to be a trend in the litigation of work accident cases.  Mediation programs implemented by the Court can help narrow issues in dispute and resolve the overall case.  A successful Mediation benefits all parties involved in the case. Whether your specific case should be mediated and settled is an important question that must be analyzed on a case by case basis.  At Pearson Koutcher Law, we focus on the specific needs of each client paying attention to their unique set of circumstances when deciding if Mediation and settlement is appropriate and beneficial.


Workers’ Compensation Settlements

$240,000 Lump Sum Settlement for Delaware County Tree Worker
Pearson Koutcher Law partner Jonathan Koutcher settled the case of a Delaware County tree worker who initially injured his shoulder while cutting trees. Mr. Koutcher filed a Petition to Review Compensation Benefits to expand the injured worker’s diagnosis to include a cervical spine injury. Mr. Koutcher was successful in that litigation and the injured worker was then able to undergo cervical spine surgery. Mr. Koutcher then filed another Review Petition to add a psychological diagnosis to the case, as the injured worker became depressed as a result of being out of work and in pain due to his injuries, and in addition to obtain compensation for the injured worker’s scar from surgery on his neck. Mr. Koutcher settled the case after extensive negotiations, and the settlement totals seven (7) years of wage loss benefits.

$225,000 Lump Sum Work Injury Settlement for Berks County Injured Nurse
Pearson Koutcher Law founding partner, Jonathan Koutcher, represented the interests of a nurse from Berks County who initially injured his left shoulder. The injured worker began receiving Workers’ Compensation wage loss benefits and then noticed symptoms in other parts of his body following the accident. Mr. Koutcher filed a Petition to Review Compensation Benefits, alleging the injured worker also injured his neck, lower back and right shoulder. While that petition was pending, the employer offered the injured worker a modified duty job which Mr. Koutcher defended. After attending a mediation, the parties were able to settle the case for the lump sum amount of $225,000. In addition, Mr. Koutcher was also able to negotiate the insurance company to pay for all outstanding medical expenses incurred by the injured worker, including the additional, alleged injuries.

$215,000 Lump Sum Fatal Claim Settlement for Philadelphia Widower
A widower represented by Philadelphia workers’ compensation attorney Jonathan Koutcher, of Pearson Koutcher Law, settled a fatal claim for the lump sum amount of $215,000. The injured worker tragically passed away after her work-related orthopedic injury was not properly treated leading to her death. Mr. Koutcher was successful in the underlying fatal claim litigation and then was able to negotiate a substantial settlement for the widower after attending a Voluntary Mediation.

Hurt At Work? Call The Workers’ Compensation Lawyers At Pearson Koutcher Law For A Free Consultation?

Lawyers at Pearson Koutcher Law are aggressive and pursue cases efficiently and as quickly as possible.  We know that you are struggling emotionally, physically and financially.  Being out of work and injured is something most people are not used to.  Pearson Koutcher Law work accident attorneys have decades of experience assisting injured workers with their claims.  If you have been injured in a work accident, let the  Philadelphia work accident lawyers at Pearson Koutcher Law handle your Workers’ Compensation claim.

The Philadelphia Workers Compensation attorneys at Pearson Koutcher Law, are dedicated to the singular goal of securing maximum compensation and full benefits entitled to injured employees under the laws of Pennsylvania.  Their years of experience as seasoned, skillful trial lawyers and negotiators, along with their compassion and diligent understanding of the significant impact a workplace accident can have on an injured worker’s life, motivate the attorneys of Pearson Koutcher, LLP, to approach each new client individually, with meticulous consideration to their specific individual considerations and circumstances.  Call our office today at 215-627-0700 or email us to discuss the particular facts of your Pennsylvania Workers’ Compensation matter.