What Are The Benefits Of A Pennsylvania Workers’ Compensation Settlement?

There are many. However, the most significant benefit is arguably the certainty of the outcome versus the uncertainty that accompanies litigation where anything can happen.

When an injured worker in Pennsylvania settles his or her workers’ compensation claim, he knows exactly what he’s getting in exchange for closing down the case. The terms of the agreement are spelled out in a document called a “Compromise & Release Agreement“.  A Workers’ Compensation Judge has to approve the settlement at a hearing. However, the Judge does not care if the deal is a good deal or a bad deal for any of the parties.  The sole purpose of the Judge in a settlement hearing is to determine whether the injured worker understands the full legal significance of the settlement agreement and its effects on his rights under the Pennsylvania Workers’ Compensation Act.

Another benefit of settlement is avoiding the ongoing stress of an open claim. When the case is over, the injured worker no longer has to worry about surveillance people spying on him, or having to testify in court. There are no more “independent” medical exams and no more late or erratic checks. Likewise, the stress of wondering if work comp will pay for the medical bills ceases.

I find that most of my clients benefit psychologically as well. The burden that is lifted from the shoulders is great and it allows the injured worker to move ahead with his life and figure out where he can work given his residual restrictions.

For more information about Pennsylvania Work Comp Settlements call or email experienced PA Work Comp Lawyer Michael W. Cardamone at 215-206-9068 or MyPhillyWorkersComp@Gmail.com for a FREE consult 7 days a week.c

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Testimonial For Top PA Work Comp Lawyer Michael W. Cardamone

“Mike,

Thanks much for that bang up job that you accomplished with the darn disability people. I have dealt with many lawyers in my 21.5 years in law enforcement, but never with one as intelligent and with a personality like yourself!

Most talk a big game, then nothing happens. Well, not you! I would recommend your services to anyone that needs a great attorney.

Thanks again Mike, you’re a lifesaver!”

DS, Mount Jewett, PA

If you need a Workmens Comp Lawyer In Pennsylvania call experienced PA Work Comp Lawyer Michael W. Cardamone at 215-206-9068 or email MyPhillyWorkersComp@Gmail.com for a FREE review of your case.

If I Am An Independent Contractor Can I Get Pennsylvania Workers’ Compensation Benefits?

No. The Pennsylvania Workers’ Compensation Act only covers employees. An “Employee” is synonymous with servant and includes all natural persons who perform services for another for a valuable consideration.  An independent contractor is not an employee because of the absence of a master/servant relationship.

Some of the key factors in determining whether someone is an employee or independent contractor are: 1) terms of the agreement between the parties, 2) the nature of the work or occupation, 3) the skill required for performance, 4) which party supplied the tools, 5) whether payment is by time or the job, 6) whether the work is part of the regular business of the alleged employer, and 7) and the right the terminate the employment at any time.  But note- the key factor is the right to control the work to be done or the manner in which the work is to be performed.

It is important to read the Commonwealth Court  and Supreme Court of Pennsylvania case law to juxtapose with your facts.

For more info about Pennsylvania Workers’ Compensation Law, call experienced Pennsylvania Work Comp Lawyer (named PA Super Lawyer- Rising Star) Michael W. Cardamone at 215-206-9068 or email MyPhillyWorkersComp@Gmail.com for a free analysis.

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