03.15.2018

What Factors Affect A Workers’ Comp Settlement? Part Two

The workers’ compensation system in Pennsylvania was created primarily to benefit injured workers, not employers. You have important rights as a worker injured in the workplace. Powell Law will protect working individuals when they incur a work-injury by helping them obtain all of the benefits to which they are entitled as soon as possible as the law intends. For 112 years, our attorneys have represented all types of workers in workers’ compensation cases.

This is the second part of an article addressing factors that affect the settlement of a workers’ compensation matter.

*The nature and seriousness of the injury

It’s no secret that cases are valued higher if they involve injuries that are more serious, primarily because these types of injuries may not allow a worker to return to his job. Keep in mind that all injuries have a settlement value. Simply because an injury allows a worker to return to work does not mean it doesn’t have any settlement value.

*The amount of required future medical treatment

Injuries that unequivocally require future medical treatment such as continuing medication and physical therapy are obviously worth more than injuries where future medical treatment is only speculative. Of even higher value are injuries that require surgery at some future point in time. In settling a case, parties typically assign a cash value to future medical treatment, which is another necessary and complicated analysis.

*The worker’s ability to earn a wage within restrictions

A work-related injury may only allow a worker to return to work but with restrictions. If such a job only allows a worker to make future earnings well below his “Average Weekly Wage” (AWW), then the settlement value of the case is higher. The possibility exists that a work injury may allow a worker to return to work and earn some amount marginally close to the relevant average weekly wage. If so, then the settlement value of the case is less.

Since James Powell, Sr., founded Powell Law, our attorneys have represented all types of workers in workers’ compensation cases for 112 years since 1906. Our decades of experience make us the clear and obvious choice for representation in workers’ compensation matters in the Scranton/Wilkes-Barre and surrounding areas. At Powell Law, we effectively assist clients throughout the entire workers’ compensation claims process. Consult an experienced Pennsylvania workers’ compensation attorney. Contact Powell Law at (570) 961-0777. The consultation is FREE!

 

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