When to Settle a PA Workers’ Compensation Case

Perhaps the most frequent question we, as attorneys who represent injured workers in PA workers’ compensation cases, receive is, “When can I settle my case?” Such a simple question for such a complicated issue. An entire page of our website is devoted to this “Big” question, as is part of the FAQs.

Initially, we should note that not every Pennsylvania workers’ compensation case ends in a settlement. Sometimes, the best interests of the injured worker do not result in such a conclusion to a case. This may be secondary to the injured worker having returned to the same employer after the injury (most workers’ comp cases require a resignation as part of the settlement), or it may be due to a substantial future medical exposure (which often has drastically different calculations between reasonable expectation and what the workers’ compensation insurance carrier would offer), or it may be some other issue unique to that particular case.

There is no “magic” time to settle a PA workers’ comp case. We have reached a settlement in a Claim Petition, mere months after an injury, and we have reached a settlement many years after an injury. Though it sounds like a cliché, it is true – every case is different and must be judged by its own facts and circumstance.

As we say with many things about PA workers’ compensation, this all comes down to the choice of an attorney made by the injured worker. At Brilliant & Neiman LLC, every case is handled by one of the partners. Both of our partners are Certified as Specialists in Workers’ Compensation Law, and each partner has around 30 years of experience in Pennsylvania workers’ comp. We do not handle other areas of law, simply focusing our entire practice on workers’ compensation cases. This level of experience allows us to know when, and if, to settle a workers’ compensation case, to best effectuate the interests of the injured worker. Because, unfortunately, there is no simple answer to the simple question.

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