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How long does a workers comp ruling usually take?

Philadelphia, PA |

I was injured at work and I am currrently awaiting a workmans compensation ruling for my case that began more than a year ago. I am just curious as to why it has lasted so long and if this is a normal timeframe.

Attorney Answers 4


I apologize for the typical lawyer answer, but "it depends." It depends on the Judge involved, the type of Petition and the complexity of the case. Once the evidence is submitted (testimony, deposistions, etc), both sides write briefs (legal arguments) arguing why the Judge should find for them. Again, depending on the circumstances, a Judge may take months to make a decision after receiving the briefs. One thing we hesitate to do, given human nature, is to pester a Judge to make a decision. Unfortunately, there is usually little to nothing an attorney can do to speed up the process. I make sure I do the job right - whether it is also speedy is largely out of my hands.

Glenn Neiman

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Worker's Compensation rules and regulations are uniquely governed by state statutes--in your case, PA. Accordingly, you should immediately contact a PA attorney to review this matter, under the applicable PA Worker's Compensation laws.

Do not attempt to resolve this matter without the advice and representation of qualified legal counsel. In short, the wise surgeon will never perform surgery upon him or her self, for obvious reasons--the risks of mistake are too great because the surgeon is personally (not professionally) involved in the case.

For the same reasons, the answers to your inquiry can only best be obtained via your personal consultation with an attorney licensed to practice in PA who is familiar with the Worker's Compensation Law issues above described. You should be prepared to take with you all of the papers related to the accident and your resulting injuries.

By the way, most Worker's Compensation attorneys will not charge you a fee for an initial consultation. Furthermore, most Worker's Compensation attorneys will not charge you a fee for legally representing you in a case unless a recovery is made. In many states, however, the client is required to pay for the expenses incurred in a legal matter, separate and apart from the client's obligation to pay for any attorney fees. You should confirm whether or not this will be the case with your Worker's Compensation attorney during your initial consultation.

The response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Ohio. Responses are based solely on Ohio law unless stated otherwise.

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If you are represented by counsel, you should ask them as it depends on when briefs were submitted, if there was any recent mediation and the Judge's backlog.

Generally speaking, it can take several months after all briefs are submitted before an Order is circulated by the Judge. Some Judges are better, some are working on getting better. It is not unusual for a PA WC claim to be in litigation for more than one year before an Order is circulated by the Judge.

Trust this has been helpful and best of luck with the Order!

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Whether a year is normal depends on the specifics of your claim and what you've gone through so far. If you can provide a few more details, I'd be happy to give you my opinion. I can also recommend a PA workers' comp attorney if you need one. Feel free to give me a call. 1-800-807-9530.

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