Yes. Workers’ comp settlements can be negotiated in Pennsylvania. You do not have to accept the first offer. You and the insurer can negotiate the amount, terms or both. However, the insurer does not have to agree to a higher amount.
You may receive a settlement offer after months of treatment and lost wages. The amount may seem substantial, but it may not reflect your injuries, losses or future needs.
You do not have to accept the first offer
An insurer may base a settlement offer on its view of your claim. You can review the offer and consider whether it accounts for your injury, losses and future needs.
Pennsylvania’s Workers’ Compensation Office of Adjudication states that you decide whether to settle your case and can discuss settlement with the other party. Pennsylvania’s Workers’ Compensation Office of Adjudication.
A Workers’ Compensation Judge must approve a Compromise and Release agreement after the required hearing before the agreement becomes valid and binding.
What can affect settlement value?
Several factors may affect the value and terms of a proposed settlement:
- The severity and lasting effects of your injury
- Future medical care
- Lost wages and future wage-loss benefits
- The benefits included in the settlement
- Medical evidence supporting your claim
No single factor determines whether a settlement adequately addresses your claim. Workers with similar injuries may receive different offers based on their medical records, work history and the agreement’s scope.
What should you check before accepting?
The dollar amount is only part of a settlement. The agreement should clearly state which benefits and issues it resolves.
Pennsylvania allows you to settle all or part of a workers’ compensation claim through a lump-sum Compromise and Release. Once approved, the agreement controls the benefits and issues it covers. The Pennsylvania Compromise and Release form states that you receive only the benefits listed in the approved agreement unless it provides otherwise.
Why review a settlement before signing?
A lump-sum settlement can affect which workers’ compensation benefits remain available later. A Pennsylvania workers’ comp attorney can review the proposed Compromise and Release and explain which benefits it releases and which remain available.