Can the Length of an Injury Case Surpass a Workers Comp Case?

By Peter DePaolis

When a workers compensation case settles, an attorney may only settle the indemnity portion of the case. They may also leave future medical coverage open which can lead to entitlement to lifetime benefits related to their injury. It’s possible for a client to have a case open for upwards to 15 years, not because it wasn’t resolved but because their medical coverage remains open. Watch as attorney David Schloss explains his experience dealing with workers compensation cases and his intentions to help make the process as painless as possible for his clients.

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Video Transcription

A worker’s compensation case can last even beyond the settlement of the case, here’s how. When a workers compensation case settles, we may settle only what’s called the indemnity portion of the case, what that means is we would settle the wage loss portion of the case, or the permanent injury portion of the case, but we may leave future medical coverage open. And so, if we leave future medical coverage open, that injured worker may have entitlement to lifetime benefits for treatment related to that injury. I have client who have been my clients for 15 plus years, some even longer than that. It’s not because their case hasn’t ended or settled, or there hasn’t been a compensation order issued, it’s because part of their case has been resolved, but the medical coverage remains open. It is our goal to make this as painless a process as possible, and for that reason if we’re contacted early on we jump on that. We get working on the case right away, and we do everything we can to minimize any inconvenience or missed paychecks for that injured worker. For more information please go to our website
About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.