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venomx · 07-24-2012, 08:48 AM

I am a 45 yr old male. I live in Pike County Pa. I Got hurt last year on the job and wound up needing and getting a full knee done. Now I am on MODIFIED duty. I have been to the COMP Dr the entire time. Now they want me to go to another and if the determination is that I will always be on a restricted work then I will be let go by the company, SCHWANS. I can no longer do the home service because it entails getting in and out of a truck 150+ times a day minimum. They have me being a FUNDRAISING CO-ORDINATOR for my depot now and it is slow but successful so far. I was told though that this is just a position they have me do due to the light/modified duties.
I have been told that getting a lawyer is not the best thing either because they will take 20%. I was told I should do it on my own as to assure whatever settlement comes to me and no one else.
My problem is I do not know what would be a good $number to ask for. Also they would have to retrain me I hear as well? Not sure and would appreciate ALL and ANY advice.

07-24-2012, 09:55 AM

First off, who is telling you not to get a lawyer? If it is your employer or the IC, why would they want to make sure you get more money? They are the ones paying the money. It is in their best interest to pay you as little as possible. Bottom-line, if you want fair value for your claim, you should consider getting an experienced attorney. I am a PA workers' compensation lawyer, so don't believe me on this point. Instead, ask around to your family and friends and I am sure you will find several that have been through the workers' compensation process. Ask them whether they were better off with or without a lawyer.

As to your question, settlement value in PA depends on a number of factors including, but not limited to, your injury, average weekly wage, level of restrictions and local job market. No one can read the paragraph above and provide you with a realistic settlement figure.

Neither your employer or its carrier are required to provide you with retraining.

07-24-2012, 09:55 AM

First off, who is telling you not to get a lawyer? If it is your employer or the IC, why would they want to make sure you get more money? They are the ones paying the money. It is in their best interest to pay you as little as possible. Bottom-line, if you want fair value for your claim, you should consider getting an experienced attorney. I am a PA workers' compensation lawyer, so don't believe me on this point. Instead, ask around to your family and friends and I am sure you will find several that have been through the workers' compensation process. Ask them whether they were better off with or without a lawyer.

As to your question, settlement value in PA depends on a number of factors including, but not limited to, your injury, average weekly wage, level of restrictions and local job market. No one can read the paragraph above and provide you with a realistic settlement figure.

Neither your employer or its carrier are required to provide you with retraining.

hurt back · 07-24-2012, 11:43 AM

I agree with Tim... Get a lawyer know to go over your case and aid in your case... 20% is a small price to pay to have someone on your side..

Good luck..

1171 · (This post was last modified: 07-24-2012 08:16 PM by 1171.)

Trouble is there is no predicting ahead of time the outcome of either choice and there are no trial runs or "do-overs".
I notice that they are NOT guaranteeing your job. you wouldn't want to take less then the full disability benefits that are available and then later find out you've been terminated.
best to get all that you are entitled to and let the job situation take care of itself.
you can't protect your job; only your employer can--don't let them fool you into thinking the choice has somehow become yours.