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Is there a time frame by law that workers compensation is required to answer our attorney back in

Lancaster, PA |

Ok so weird question here. We had won a wrongful death lawsuit that PA workers compensation is involved in. We know they are owed a portion of paid benefits back to them which is fine. The focus now is PA workers compensation is dragging there feet on submitted paperwork. Is there a time frame by law that they are required to answer our attorney back in. We are a few months into them holding paperwork and according to attorney they have received no reply. To put this in reality the wrongful death happened in 2000, Verdict in our behalf was given in 2008, we are now in 2012 with no answers from our so called attorneys

Attorney Answers 2


  1. If they will not agree on the subrogation figure you can file a petition with the workers' compensation judge to have the amount judicially determined. If you do not already have a workers' compensation attorney to help you with the negotiations and the petition if necessary, you should strongly consider it.


  2. In actuality, the law gives the wc carrier a great deal of leeway in terms of time when it comes to subrogation issues. Without knowing all of the facts of your situation, it is really hard to give you any input. As a practical matter, consider that for the most part, I am assuming you got most of your money, other than what might have been put into escrow to satisfy the lien. I can understand that you want closure, but some things do drag on. Since you do have attorneys handling your case for you, my suggestion is that you call and ask for a meeting to discuss why this is taking so long.

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.