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Advice About Settlements From Experienced Workers’ Comp Lawyers
In Pennsylvania, you can obtain a lump-sum settlement of workers’ compensation benefits by entering into a compromise and release agreement (often referred to as a C & R agreement) with your employer or your employer’s workers’ compensation insurance provider.
Should You Enter Into A Settlement?
You probably have many questions about whether to settle your workers’ comp case: Should I settle? Am I getting what my case is worth? What happens to my medical expenses? Do I need a Medicare Set Aside and what is it? Can they force me to settle? Can I force the insurance company to settle?
Drawing from more than 70 years of combined experience helping injured workers in southeastern Pennsylvania, the attorneys at Wolf, Baldwin & Associates, P.C. can help you understand whether a settlement is in your best interests and if so, how settling your claim might affect Medicare, Social Security Disability (SSD) or other government benefits.
About Workers’ Compensation Settlements
In most Pennsylvania cases, injured workers enter into C & R agreements that settle both medical and wage loss benefits together, in one lump sum. However, it is also possible and sometimes better for an injured worker to settle only the wage loss benefit.
You should also know that if you are currently receiving SSD benefits or are eligible for Medicare most settlements of your workers’ compensation medical or wage loss benefits must be approved by the Center for Medicare Services (“CMS”) in advance. A Medicare Set-Aside arrangement is often necessary but full of potential pitfalls.
Settlements And Child Support
Additionally, the law requires that any workers’ compensation claimant who is ordered to receive more than $5,000.00 must meet certain obligations with regard to child support. If you currently have a Domestic Relations Order against you, even if you are current with payments, additional pitfalls must be addressed before you can settle any part of your case. We can steer you through all issues of child and spousal support as you decide whether to settle your workers’ comp claim.
Health Insurance And Other Concerns
In some cases, a private health insurance company may have paid for treatment, or there may be a personal injury lawsuit which also could give rise to a recovery. These scenarios raise issues of subrogation, and can be vitally important to an overall resolution of the claim.
The bottom line is this: Your medical and financial situation is unique. We understand this and our attorneys will carefully review all of the facts and medical information to determine whether or not a settlement is right for you, and if so, which type.
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Offices in Pottstown, West Chester, Reading and Pennsburg, Pennsylvania
Insurance companies will always be represented by experienced workers’ compensation attorneys — you should be, too. Talk to an experienced lawyer about whether a workers’ compensation settlement is right for you by calling our offices directly or contacting our lawyers online for a free consultation.
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