Process for Receiving a Settlement
The Philadelphia workers compensation attorneys at Nass Cancelliere would like to offer the following guide to the process for receiving a workers compensation settlement, including how to recover lost wages and benefits.
If you are involved in an accident while at work or suffer an illness brought on by asbestos exposure or other workplace environmental issue, you are entitled to a settlement from workers compensation. The process for making a claim is as follows:
- Give notice to your employer no later than 120 days following your injury.
- If your request is denied for workers compensation benefits, by either your employer or their insurer, you have three years from the date of injury to file a Claim Petition.
- If you suffer a work-related illness, disability must occur within 300 weeks of the date you were last employed by the business that exposed you to the cause of your illness.
- A petition must be filed no later than three years from the date of disability.
If you miss any of these deadlines, your benefits may be disallowed or terminated.
Where’s my settlement?
If 21 days have passed since you notified your employer of your disability and you haven't received any benefits, there is likely a problem. Contact your employer or the insurance carrier directly and find out if they have decided to deny your claim. You should usually receive up to 90 days of temporary workers' comp, even if your claim is being denied.
If you are told your claim is being denied, you may have to proceed with filing petitions with the assistance of an attorney experienced in Pennsylvania law and workers compensation issues.
What happens after I file a petition?
The Workers' Compensation Bureau may offer alternative dispute resolution to help you settle the case with your employer or your employer’s insurance agency. This may involve mediation, a settlement conference, or a more informal meeting to discuss the outstanding issues. A settlement conference may be scheduled later in the proceedings if further mediation is not needed or found by the presiding judge to be a futile effort. Depending upon your satisfaction with the outcome of these proceedings, you may appeal to the Workers' Compensation Appeal Board and later to the Commonwealth Court. Your appeal rights can be explained to you by your attorney.
Whatever your ultimate settlement, it should include some or all of the following for a determined amount of time. Determining factors include the type of injury or illness, whether you are unable to work at all or can only work at a lower-paying job, or you are found to be either totally or partially disabled:
- Medical benefits
- Wage-loss benefits
- Death benefits (if your family receives the settlement)
- Specific loss benefits (usually involves loss of use of an extremity or other disfigurement)
Contact our Philadelphia legal team today
If you have been denied or lost workers’ compensation benefits to which you believe you are entitled and you want assistance reaching a settlement with your employer or the insurance agency, contact the Philadelphia workers compensation lawyers of Nass Cancelliere for advice and legal advocacy at 215-546-8200, or submit our contact web form.