Workman's Compensation Settlement

brhobo · #1 03-31-2009, 12:14 PM

My question involves workers compensation law for the state of: PA

My father was a truck driver for a local company when in 1993 he was in an accident that left him paralyzed from the chest down. As of right now the workmans compensation wants to settle his payments with him. Not his medical coverage just what they pay him a week. He currently get around 500 a week. he is 54 years old and they want to settle with him around 250,000 is that enough I meen the guy is left paralyzed and this is what he is supposed to pay all his bills for the rest of his life? I am not saying that is not a huge amount of money but he missed out on having a nice pension, the years of increases in pay. Can anyone help me? or is this a good amount to receive?

Mr. Knowitall · #2 04-01-2009, 11:19 PM

The $250K is for what? All future medical? I would not ordinarily advise somebody who is paralyzed from the chest down to settle a future medical claim. Has he talked to a worker's comp lawyer?

PandorasBox · #3 04-18-2009, 06:41 PM

Talk to a W.C. lawyer. There are a lot who take the case on "contingency" (sp). meaning they don't get paid if they don't win/settle the case. If the case is settled, they get 30-40%.

brhobo · #4 05-16-2009, 02:27 PM

He has a lawyer and no this is not for medical they agreed to never settle that this is for his wages. The problem I am having is that everytime I talk to him it seems his lawyer is just agreeing with everything the workmans comp is saying is the law. They say they can include the wages they have paid him for the last 15 years as payment he has already received so they deduct that from what they would have gave him.

aaron · #5 05-16-2009, 02:49 PM

Quoting PandorasBox

Talk to a W.C. lawyer. There are a lot who take the case on "contingency" (sp). meaning they don't get paid if they don't win/settle the case. If the case is settled, they get 30-40%.

Worker's compensation attorney fees are restricted by statute. Last I checked, Pennsylvania capped worker's compensation lawyer fees at 20%.

Mr. Knowitall · #6 05-16-2009, 02:53 PM

Worker's comp benefits are time-limited, so if the settlement proposal relates only to wage loss benefits it's likely the "present value" of his wage loss benefits through the time he would have received his maximum benefit. If he prefers to take his payments over time, he can decline to settle. His lawyer may be eager to settle in order to claim a fee; he should tread carefully and be sure that it's in his best interest, and consider how the settlement might affect his qualification for Social Security (it would affect SSI, but should not affect SSD).