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Arreglo De Compensación Para Trabajadores De Pa

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    ¿Cómo funciona el arreglo en los casos de compensación laboral de Pennsylvania?

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    Settlement in Pennsylvania work comp is an agreement by the parties to end a case in exchange for a lump sum payment. The parties involved are a claimant- the injured worker, and the employer and its insurance company or third party administrator (which is like an insurance company but it does not spend its own money). Usually, the injured worker, or his or her attorney (it is recommended to use an attorney as settlement can involve many complex issues) makes a “demand” for settlement. The insurer/employer then makes an initial offer and negotiations continue. Once an agreement is reached, the parties must have the settlement codified in what’s called a Compromise & Release Agreement and the settlement must be approved before a Pennsylvania workers’ compensation judge at a hearing on the record. Some settlements, which are not global (ie, that simply resolve an issue in the case) can be submitted to a work comp judge in what’s called a Stipulation. In these situations, at least one aspect of the case remains open so that the case continues.

    ¿cuánto Dinero Debo Esperar De Un Arreglo De Compensación Laboral De Pennsylvania?

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    The answer depends on many factors. It is recommended that you consider speaking with an experienced and Certified PA work comp lawyer to evaluate the factors in your case. Some of the factors include the extent of disability, the pre-injury average weekly wage, the age of the injured worker, the residual earning power of the injured worker, the amount of years the injured worker has been receiving benefits, whether there is litigation pending, and whether there exists an Independent Medical Exam which offers an opinion different than that of the treating physician, whether Medicare needs to approve the settlement, etc. Settlements in Pennsylvania for workers’ compensation can vary considerably but the vast majority of settlements are under $250,000.00. Pain and suffering is NOT an available benefit in PA workers’ comp. Some cases settled for $500 and some settle for $500,000. Every case is different. Injured workers should avoid comparing their case to a neighbor’s or co-workers. Remember, if there is litigation pending, it often means that there are doctors with different opinions. While settlement is not mandatory, it is always wise to explore settlement because the Judge is often confronted with opposing medical or factual evidence which he or she has to resolve, leaving one party with a victory and one with a defeat. Even if you believe your case is a strong one, nothing is guaranteed in litigation.

    ¿Puedo pedir por una mediación para ayudar a resolver mi caso de compensación laboral de Pennsylvania?

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    Yes. In fact, in most cases, a mandatory mediation is now scheduled after the first hearing if there is litigation. Even if no litigation is pending, the parties can agree to a voluntary mediation where they agree to use a certain judge as the mediator. No one, not even a judge, can force an injured worker to settle. They, along with the attorney, simply provide their opinions and recommendations.

    ¿cuándo Debo Esperar Mi Pago Después De Un Arreglo De Compensación Laboral De Pennsylvania?

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    Once the Pennsylvania workers comp judge approves the Compromise & Release Agreement, he or she will issue an order approving it. Once the order is entered, the employer/insurer/TPA has a maximum of thirty days in which to make the payments. This is assuming the parties waive the twenty day appeal period at the Compromise and Release Hearing. Note that some PA workers’ compensation settlements keep medical benefits open for a period of time- or indefinitely. However, even with open medical, the insurer/employer is able to file Utilization Review which is a process to determine if certain treatment is “reasonable and necessary”. Regardless of the Utilization Review Determination, each party has a right to challenge the initial determination by filing what’s called a Petition to Review which puts the case before a PA work comp judge “de novo”, which means that the Judge can make his or her own decision as to whether the treatment is reasonable and necessary.

    ¿qué Sucede Si Mi Arreglo De Compensación Laboral No Es Pagado A Tiempo?

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    You can file a Penalty Petition seeking additional money for the late payment(s). The workers’ compensation judge has discretion to award up to 50% of the amount in controversy. A 50% penalty, however, is rare. The amount of the penalty generally depends on how late the settlement money was paid, whether there was an adequate explanation for the late payment, etc. Having practiced in PA workers’ compensation law for many years, I can say it is pretty infrequent that the employer or insurer doesn’t pay the proceeds timely. Employers and insurers don’t like Penalty Petitions.

    If you want detailed support and assistance, you can use our live chat feature as well or just give us a ring at (215) 206-9068 for a free consultation from our specialist construction injury lawyer.

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    Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

    $6 Million
    We Assisted Another Firm in Reaching Settlement
    $2.2 Million
    Spinal Injury
    $897,000
    Lower Back Injury
    $650,000
    Lower Back Injury
    $550,000
    Neck Injury
    $425,000
    Leg Injury
    $375,000
    Knee Injury
    $325,000
    Ankle Injury
    & Hundreds More Cases
    $6 Million
    We Assisted Another Firm in Reaching Settlement
    $2.2 Million
    Spinal Injury
    $897,000
    Lower Back Injury
    $650,000
    Lower Back Injury
    $550,000
    Neck Injury
    $425,000
    Leg Injury
    $375,000
    Knee Injury
    $325,000
    Ankle Injury
    & Hundreds More Cases

    Client Testimonials

    "Best Law Firm around!"

    "Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

    - C. Edwards
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    "Michael and Shirley are very dedicated...and getting the maximum amount favorable to my case"

    "Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

    - A. Ortiz
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    "Michael won my workers comp case after my employer insurance denied my claim."

    "Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

    - Carlos P.
    Google Reviews
    "[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

    "I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

    - Robin C.
    Google Reviews
    "Highly recommend."

    "Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

    - Danielle P.
    Google Reviews
    "Mike Cardamone is amazing"

    "Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

    - Allie M.
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    Without a doubt YOU are the best!!!

    "Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

    - L. Edall
    Google Reviews
    "Best Workers' Comp Lawyer!"

    "Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

    - Faith B.
    Google Reviews
    "Great Attorney"

    "Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

    - H. Anderson
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