Do All Workers Comp Cases Go To Trial?

On This Page

1. Understanding Workers’ Compensation Settlements in Pennsylvania
2. Navigating the Pittsburgh Workers’ Compensation Settlement Process
3. Let Berger and Green Help You Recover the Compensation You Deserve
4. Talk to a Workers’ Compensation Lawyer in Pittsburgh, PA

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

When temperatures drop, workers’ compensation claims rise. All Pennsylvania workers’ compensation cases must go before a Judge to settle. Many of this type of claim settle eventually. The workers’ compensation insurance company does not want to continue paying out and will often approach injured workers about a settlement. If this happens to you, or if you are considering a lump sum settlement, the workers’ compensation attorneys from Berger and Green can help.

Let our team review your case and offer you guidance and support. We will evaluate your circumstances and determine if a settlement is right for you. Call us today at

412-661-1400 for your free initial consultation.

Understanding Workers’ Compensation Settlements in Pennsylvania

Because of the way Pennsylvania workers’ compensation settlements work, this type of lump sum settlement is common. Officially known as “compromise and release agreements,” a lump sum workers’ compensation settlement generally requires you to give up your rights to collect any more benefits related to your injury. In exchange, the insurance company will pay you an agreed-on payment.

In theory, this is a simple process. However, the decision is rarely clear-cut. You need to understand your current and future losses and expenses related to your injury. You need to consider any ongoing care costs you may have, any future necessary care, and your lost wages. We can collect and analyze evidence and put an estimated value on your related damages.

Navigating the Pittsburgh Workers’ Compensation Settlement Process

Every Pennsylvania workers’ compensation settlement case goes before a Judge. This Judge will review your settlement terms and ensure they are fair to both parties. When we reach a settlement with the insurance company on behalf of one of our clients, we reach out to the Pennsylvania Workers’ Compensation Office of Adjudication for a hearing. It may take some time to get on the court docket.

Once the date of the hearing arrives, we present all the necessary paperwork including a Form 755, called a Compromise and Release Agreement. The Judge will likely also ask you some questions to ensure you understand the terms of the settlement agreement. We will go over the possible questions with you and be by your side throughout this process.

Once the Judge approves the agreement, we all sign the papers and the insurance company should pay your lump-sum settlement.

Let Berger and Green Help You Recover the Compensation You Deserve

Our attorneys are aggressive negotiators who can put the pressure on the workers’ compensation insurance company to offer a fair settlement. You can count on our team to:

• Manage all communication related to your case and settlement
• Protect your rights and understand how vital this settlement is to you
• Collect evidence of your expenses and losses related to your injuries
• Build a solid case to argue for a favorable settlement
• Present the settlement agreement to the Judge

Calculating a Fair Settlement Total

At Berger and Green, we encourage you to give us a call about potentially settling your workers’ compensation call right away. It is difficult or impossible to accurately put a value on a case until you understand the full impact of your injuries and know how thoroughly you will heal. However, we can go ahead and get started building a strong case and only act when you reach maximum medical improvement.

It is important to note that we cannot give you an accurate estimate of how much your settlement might be worth until after we conduct a thorough investigation and better understand the costs associated with your injuries, treatment, and missed work. There are too many factors that play into calculating this total to try to guess early on in your case.

Talk to a Workers’ Compensation Lawyer in Pittsburgh, PA

If you have a Pennsylvania workers’ compensation claim and are getting benefits now, the insurance company may eventually want to settle with you. In some cases, it is preferable to take a lump-sum payment and sign a release to forgo future benefits than it is to continue drawing benefits and navigate the process to continue regular payments in the future.

The workers’ compensation attorneys from Berger and Green can help you decide if a lump-sum payment is right for you and fight for the top settlement you deserve. We can help you calculate a fair settlement and pursue it with rigorous negotiation tactics.

Call or text us today at 412-661-1400 to get started with a free case review.