From our blog, and our presence in the community, we receive many questions regarding workers’ compensation in Pennsylvania. Just recently, someone sent us an e-mail asking, “Is it a good idea to settle a case?”
Like many aspects of law, there is no easy answer to this question. Settling a workers’ compensation case in PA is a complicated issue. Frequently, there are good reasons to settle a case, and good reasons to wait. Only a discussion of the injured worker’s exact situation provides an answer in each person’s case. Facts in every case are different, as are the injured workers involved.
Even once an injured worker decides that settling the workers’ comp case is the way to go, questions remain. How much is the case worth? Will the medical treatment stay open, even for a short period of time? Will a resignation or release be necessary? Is a Workers’ Compensation Medicare Set-Aside (WCMSA) needed? These and other questions must be addressed as the parties negotiate a settlement.