What Happens When You Reject an Insurance Settlement Offer?

It’s common for injured workers in Pennsylvania to receive a settlement offer from their employer’s workers’ compensation insurance company. Many employees feel pressure to accept, considering the mounting financial expenses that can accumulate after a workplace accident. However, you are not required to accept the first settlement offer you receive, and it may not be in your best interest to do so.

In most circumstances, it’s best to get legal advice from an experienced attorney before making a final decision on what to do next. Continue reading this blog post to learn about what happens if you reject an insurance settlement offer in a Pennsylvania workers’ comp case.

How Workers’ Compensation Settlements Work in Pennsylvania

In Pennsylvania, most settlements are handled through what is called a Compromise and Release Agreement. This is a formal agreement between the injured worker and the insurance company that resolves all or part of the claim. It often involves a lump sum payment in exchange for giving up certain future rights.

A Compromise and Release can close out all your benefits in some cases, or it may just close out a portion of them (such as your medical expenses). Once a judge approves the agreement, it is usually final. This is why insurance companies sometimes make early offers that may not fully reflect the long-term value of your claim.

What Happens After I Reject the Offer?

If you reject a workers’ compensation settlement offer in Pennsylvania, your claim will generally continue through the normal litigation process. The insurance carrier cannot force you to settle. Instead, the dispute may proceed so that a judge can decide the unresolved issues.

After rejecting the offer, several things may happen:

  • The insurance company may increase or modify the settlement proposal.
  • The parties may schedule mediation to try to reach a voluntary agreement.
  • Additional medical evidence may be requested, including an independent medical exam.
  • Your case may proceed to hearings before a workers’ compensation judge.

At these hearings, both sides present testimony and medical evidence. The judge will then decide issues such as whether your injury is work-related, what benefits you are entitled to receive, and how long those benefits should continue.

Potential Advantages of Rejecting a Settlement

Rejecting a settlement offer can be helpful if the proposed amount does not account for your future needs. For example, you may still require ongoing medical care or face permanent work restrictions that limit your earning ability. In these situations, accepting a low settlement could leave you without enough support later.

Continuing with your claim may allow you to keep receiving wage loss and medical benefits while the case is being resolved. It also gives you the opportunity to present stronger medical evidence that could support higher long-term benefits.

Possible Risks to Consider

There are also risks when you decline a settlement offer. Litigation can take time, and the outcome is not guaranteed. A workers’ compensation judge could ultimately decide that you are entitled to the same amount or even less than what was originally offered.

In addition, the insurance company may continue to challenge the extent of your injury or your ability to work. This can lead to additional hearings and delays before a final decision is issued.

Rejecting a settlement offer does not end your right to benefits under Pennsylvania law. Instead, it means that your case will move forward until a fair resolution is reached through negotiations or a judge’s ruling.

If you have received a Compromise and Release proposal after a workplace injury, speaking with a workers’ compensation attorney can help you understand your legal options going forward. Call Marzzacco Niven & Associates for a free consultation with a Lancaster workers’ compensation lawyer.

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