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Waiting period for workers comp settlement has past, how long does it really take??

Allentown, PA |

its been past the 30 days to go in front of a workers comp judge to approve my settlement, i haven't even got a date for it. I agreed to settle via email on the 7th of june, was told it would take 30 days for a hearing and another 15-30 to receive a check. nothing as of today.

Attorney Answers 6

  1. If you don't have an attorney has the ins co told you who they have working on it? If not call the adjuster.

  2. Have you had a hearing yet? The 30 days begins to run from the date of the judges decision which usually cxoincides with the hearing date. Are you represented by an attorney? If so, he/she can probably give you a better idea of the timing. If not there is still time to have the settlement reviewed buy an attorney. Usually unrepresented individuals are getting low balled by the insurance company. I only charge a fee if I am able to get you more money and I guarantee that you will recover at least the amount that you had agreed on before my representation. It costs nothing for me to evaluate the settlement.

  3. It sounds like you have reached an agreement to settle your workers' compensation case. Likely by now, your counsel has requested that the judge schedule a hearing . This hearing will be held for your testimony regarding your understanding of the settlement terms. The hearing is required before the judge issues an order approving of the settlement.

    You are certainly free to contact your attorney's office to ask when a hearing will be scheduled. If you're not represented, you may contact the judge's office directly. Nevertheless, the final settlement check is often issued fairly rapidly after this hearing is held. Good luck!

    The answer to this question is based on Pennsylvania Law only. Workers' Compensation statutes and case law vary from state to state.

  4. If you have an attorney, you should address this question to your attorney. If you do not have an attorney, it is very risky to settle your case without a consultation with experienced counsel. I strongly recommend you seek representation if you do not have it. That being said, there can be many reasons for a delay in a settlement hearing: Judge's availability, difficulty agreeing to the language on the settlement paperwork, the need for a response form Medicare or Medicaid. I do not have enough information about your situation to advise you of why there is a delay in your case.

  5. You should not settle your case without an attorney. If you have an attorney, then you should be asking this question to him or her. If you do not have an attorney, get one now to review the settlement before it is too late.

  6. Your basic question has been answered by my colleagues - this question should be directed to your attorney as he or she knows the status of your case best (and if you do not have an attorney, I would urge you to get one before trying to settle your case on your own). However, there are a couple of other things to keep in mind. First, an agreement to settle (prior to it being approved by a workers' compensation judge) is meaningless in PA. A settlement in Pennsylvania (usually done by Compromise & Release Agreement) is only really done when it is approved by a judge. Until that time, either party can back out of a deal. Second, assuming you are already receiving workers' compensation wage loss benefits, you should continue to receive those benefits until at least the date of the hearing, if not after (depending on the terms of the settlement). Therefore, any delay in getting the settlement approved usually gets the injured worker more money in the end. I can understand you need the lump sum, but in the long run, the delay may actually provide you with a real benefit. Just a couple of additional items to keep in mind as you await your hearing. Good luck!

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