Double-Check that Workers’ Compensation Settlement Agreement!
It sounds pretty straightforward that all settlement agreements (not just workers’ compensation agreements) should be carefully reviewed by injured workers and their attorneys to make sure the terms are exactly what the parties agreed. For workers’ compensation claims, the settlement process includes a final hearing to approve the settlement agreement (called a Compromise & Release under Pennsylvania’s Workers’ Compensation Act) to make sure the injured worker agrees to all the settlement terms and that there are no mistakes. This means it is particularly important to make sure those terms are correct because if you later say there was a mistake, it will be difficult, if not impossible, to prove.
Unfortunately, that is exactly what happened in a recent case involving an injured worker who argued that the formula to calculate his payment in the Compromise & Release Agreement had a mistake and did not capture the intent of the parties. The Employer argued there was no mistake, and that the injured worker had testified at the final hearing that he understood the effect of all the terms in the agreement. The Commonwealth Court found there was no evidence of a mistake, and the Compromise & Release remained in place.
Our office regularly fights for injured workers to get them the wage loss and medical benefits they deserve – and we carefully review the terms and make sure you understand any settlement agreement. If you have a claim, or think you do, call our office at 610-446-3457 or click here to send an email to set up a consultation with one of our attorneys. We will explain the process, guide you and fight to get the recovery you deserve.