Question: I hurt my knee at work?a few years ago. I was out of work for a few months then my doctor sent me back to work. When I returned to work, the insurance company contacted me and offered me a settlement. I needed the money at the time so I accepted their offer. We went before a Judge who asked me some questions and then the settlement was approved. I did not have a lawyer at the time.?Well my knee is acting up again and I?m told by my doctor that I might need surgery. I looked at the settlement paperwork and it says that the settlement was for all wage loss benefits and medical expenses. Can I go back to court and get my old employer to pay for my knee surgery? G.S., Pa.
Answer: G.S.- From what you?re saying, it sounds like you entered into a Compromise & Release Agreement (C&R) that resolved all aspects of your claim. The insurance company apparently paid you a lump sum amount in return for you agreeing to give up all rights to future payment of wage loss benefits and medical expenses. Resolving any type of case is serious business- especially when you do so without the benefit of competent legal counsel. In Pennsylvania, the C&R form is a very detailed Workers Compensation Bureau?document that addresses how the claim is being resolved.? The C&R signature page also sets forth declarations as to the understanding and acknowledgements of the parties as to the rights and remedies that you are giving up in return for a lump sum payment or other consideration. Based upon what you?ve indicated in your question, it appears that the C&R that you entered into a few years ago would likely preclude you from seeking further payment from your time-of-injury employer and/or their workers comepnsation insurance carrier.
If you?ve suffered a work injury and have questions about your claim, contact me at [email?protected] or call (570) 347-1011 for a free consultation.
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Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.? Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.?
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