Lawyers at our northeastern Pennsylvania law firm, Johnston & Johnston , have extensive experience in helping employees injured on the job with workers' compensation claims and appeals. The process can be long and discouraging, and workers often prefer to settle with the workers' compensation insurance company for a lump sum payment through a compromise and release agreement.

Get legal advice before accepting a lump sum

If you are considering a compromise and release agreement, it is extremely important that you discuss your claim with an attorney before making a decision to ensure that your settlement will adequately cover your lifetime expenses. Our attorneys  work with medical, occupational, and economic experts when assessing future care and employability and negotiating on behalf of a client.

If you would like to speak with one of our lawyers about a compromise and release agreement, contact our Kingston office to make arrangements for a free consultation. Be sure you are getting compensation that represents the true value of the cost of your workplace injury or occupational disease.

Compromise and Release Agreements for Wage Loss Benefits

When an employee and employer / insurance carrier come to an agreement, the accord replaces weekly wage loss benefits with a lump sum based on average weekly wages and the number of weeks the worker is expected to be on partial disability status. Each situation is unique and the calculations can be confusing. If you are considering a compromise and release agreement for wage loss benefits, your lawyer will explain the factors that affect your settlement options.

Compromise and Release Agreements for Medical Benefits

Often a compromise and release agreement for wage loss benefits will be tied to an agreement for a lump sum for future medical expenses, allowing the employer / insurance provider to close the file on the injury altogether. If you are nearly healed from the injury and your physician does not anticipate future problems, this can be a reasonable option. This decision should only be made after your attorney has had the opportunity to consult with medical experts on your behalf.

Medicare Set-Aside Trust

If a worker is or will be receiving Medicare benefits, the compromise and release agreement would include a provision for a Medicare set-aside trust. After the insurance company and the employee have reached an agreement, there will be a hearing where a Workers' Compensation judge verifies that the employee understands the terms of the agreement and enters an order approving the settlement. Depending on the situation this process can take a few weeks or months.