Law Offices of Timothy Kennedy - Personal Injury Lawyers in Philadelphia and Suburbs
 Center City: 215 559 5003 Center City                      (610) 924-5667 Suburbs

FIRM INFORMATIONCertified Workers Compensation Specialist

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These are all valid questions that only a skilled and experienced workers compensation attorney can answer, and which can only be fully answered after a full review of the evidence in your case.  This is because one of the biggest single factors affecting the value of your workers' compensation claim is this:  What medical evidence supports your injuries or disability from employment?

BUT REMEMBER... The Workers' Compensation Judge is generally not willing or able to sift through the volumes of medical notes, records and diagnostic reports documenting your care.

to create a formal record, including trial depositions of the appropriate medical expert witnesses. This means that it makes a huge difference whether or not your attorney is truly a skilled and aggressive advocate for your case. 

YOUR ATTORNEY NEEDS TO PREPARE YOUR DOCTOR AND ASK YOUR DOCTOR JUST THE RIGHT QUESTIONS IN A TRIAL DEPOSITION.  In this way, a skilled lawyer can maximize the points in your favor, while minimizing any problem areas.  An experienced and savvy lawyer can even find ways to convert problem areas into positives for your case.  All of this is hugely important to the goal of creating a strong record which highlights the favorable elements that help your case, while deflecting problem questions on cross examination.

YOUR ATTORNEY NEEDS TO HAMMER THE INSURANCE CARRIER'S MEDICAL WITNESS ON CROSS EXAMINATION, to again highlight the elements in your favor and to expose any weaknesses or untruths an insurance company doctor may be trying to push for the insurance carrier who hired him.

Factors Affecting the Settlement Value of Your Workers Compensation Claim:

Many factors affect when and how much an insurance carrier (or self-insured employer) will pay in settlement of your claim. These factors are so various that no list can include them all, but they will often include:
  • Are you on compensation, or merely pursuing a claim?
  • If on compensation, for how long have you been receiving benefits?
  • What ongoing medical treatment are you receiving?
  • What are your diagnoses in relation to the work injury, according to your treating physicians?
  • Is there strong support for long-term disability in your treating doctors' records?
  • Are there objective diagnostic studies which support, or refute, your work-related diagnoses?
  • What description of injury has been acknowledged, if any, by the employer/insurer?
  • What is your past medical history?
  • Have you admitted and discussed your past medical history consistently with all doctors?
  • Do your medical records suggest any credibility issues?
  • Are there elements in your records which might make the Judge regard you unfavorably (such as indications of drug or alcohol abuse, etc.)?
  • Have you attempted to return to work at any time?
  • If so, what was the result?
  • Is the employer able to present fact witnesses to dispute the circumstances of your injury, return to work efforts or availability of light duty work?
  • If so, how credible is the employer's evidence?
  • Is the employer asserting you have been fired for cause?
  • How big is the difference between what the insurance medical expert says you can do and what your own doctor would allow you to attempt?
  • Is there a pending offer for return to work, for full duty or light duty?
  • Have you testified before the Judge?
  • If so, how clearly were you able to make your case? How well did you stand up to cross examination? How consistent was your testimony with the other available evidence?
  • Who is the presiding Workers' Compensation Judge?
  • Who is your attorney and how hard and effectively can the insurance carrier expect him to fight back if they try to "low-ball" you on settlement?
  • Will the attorney you hire fight this out himself, with all his expertise, or will you settle for a firm where the managing attorneys farm every element of your case from one young associate to another, without continuity?
  • What do the Doctors have to say?
  • Are you receiving Unemployment Compensation?  (If so, your entitlement to workers compensation, and the settlement value of your claim, will be significantly reduced).
A truly gifted workers' compensation attorney will carefully review every element of the available medical evidence with an awareness of what points can be used for you and what points must be deflected or converted to your benefit, and will orchestrate the medical witness testimony in such a way that the formal record, reviewed by the Judge, favors your position not only adequately, but dramatically. This is how workers' compensation cases are won. It is also how I make clear to insurance carriers the extent of their exposure, driving home the point that the settlement of your claim must be for its full proper value.

The above considerations are far from a complete list of the factors affecting the potential settlement value of your claim. However, all of these factors can be influenced by the competence, experience and aggressiveness of the workers' compensation attorney you choose to represent you. The attorneys who represent the insurance carriers and employers know this very well, as do the insurance company adjusters, who often control the purse strings.  These guys know me.  In case after case they have seen the significant influence that strong, competent and unrelenting legal advocacy has on the settlement values they must approve.  I am proud to enjoy the reputation of an attorney who fights to obtain the maximum settlement amount for every case I settle -- a reputation known to adjusters and defense attorneys and even
acknowledged by Workers' Compensation Judges.

I am not one of those attorneys who regard Pennsylvania Workers' Compensation practice as a "volume business." I take each individual case to win it, and not only to win it, but to do all that it takes to give it the maximum lump sum settlement value.  I maintain personal responsibility for every workers' compensation case I take, and I remain intimately, aggressively and actively engaged in every case, so that I can litigate circles around any adversary.

Call me, directly, at 610 924-5667 or 215 559 5003. 

Pennsylvania Workers Compensation Settlements, Lump Sum Buy Outs

We Make It Convenient for You:

We never forget that we work for you, not the other way around. We make it easy for you.  We keep you advised of what is going on in your case, by sending you copies of every letter we send out, by calling you with updates periodically, and by promptly responding to every telephone call and e-mail we receive.  We never forget that we work for you, not the other way around. We make it easy for you.  We keep you advised of what is going on in your case, by sending you copies of every letter we send out, by calling you with updates periodically, and by promptly responding to every telephone call and e-mail we receive.  We also make it easy for you with two convenient locations to meet with you: Mr. Kennedy's primary offices in Havertown, Delaware County, just off the Blue Route and our satellite office in Northeast Philadelphia/Trevose at the Neshaminy Interplex.

But we know that when you are hurting, particularly in the early days, weeks or months after a serious injury, even commuting to one of our three convenient locations may be difficult for you.  If your injuries have forced you from the workplace or limited your earning capacity, you may also have difficulty with the expense of commuting to one of our locations. For these reasons, we are generally available to come to you, to meet in your home or another suitable location convenient to you, by appointment.  Whether you live in Norristown, West Chester, Bucks County, or even in Allentown, Quakertown or Reading, the broad scope of our personal injury and workers' compensation practice frequently takes us into your area.  This makes it convenient for us to agree to meet with you at a time and place of your choosing, when you decide to make us your law firm of choice.

These are just some of the many ways we demonstrate to our clients, every day, our commitment to serving your needs, at the same time we are aggressively representing your rights and advancing your claims.

Please call us today: 610 924-5667 or 215 559 5003.  

All Content and Images (c) 2008 T.Kennedy
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