Question: I was offered a lump sum payment to settle my workers compensation claim. Im back to work and I havent seen a doctor for the injury in over two years. I talked to the representative from the insurance carrier several times and their latest offer seems fair to me. But I just talked to my wifes uncle who told me that Im settling too low and that I should be compensated for my pain and suffering. He also said that my wife could get some money from my employer for all of the inconvenience she suffered when I was laid up from my injury. Is this true? J.S. Pa. Dear J.S.- In Pennsylvania, the measure of damages in a workers compensation claim is based upon your loss of earnings while you were disabled as a result of the work injury as well as your medical expenses arising from the work injury. In certain cases there are additional damages that may be payable for the loss of a body part (i.e amputation of a finger, toe, etc) or for loss of hearing or for loss of sight. Unfortunately, damages payable in a workers compensation case in Pennsylvania do not include pain and suffering nor do they include damages for your spouse (commonly referred to as loss of consortium). Your question is a common one. The measure of damages in a workers compensation case differs from case to case. Damages differ greatly depending on the nature of the injury, the degree of your disabilty, and how long you were out of work. Other factors to consider include whether there a likelihood that you will be disabled again in the future and how much money you may need to cover the cost of future medical treatment. You also need to consider what measures the insurance carrier can pursue to reduce or terminate your compensation benefits. Consultation with a trained legal professional may be in your best interests. If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw or call (570) 347-1011 for a free consultation. Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.
Posted on: Wed, 08 Oct 2014 13:10:18 +0000
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