How does a former employer have a right to deny section 32

Asked almost 3 years ago - Tonawanda, NY

got a call from my attorney stating employer does not want to settle and he didn't say why. employer terminated me two years ago for being out to long on w/c. i have a back injury that occured in 2009. What i don't understand is how could the employer still have any say so over weather to settle or not, i didn't cause my self to get fired. I always thought settlements was up to insurance co. not employer.Attorney asked for 170,000 originally under a section 32, he said he won't go lower than 130,000 because he dosen't want to seem desprate and may be they will take this offer, he said 130,000 is fair. my aww before i got hurt was 1250.00 a week, was offer to high. my diagnosis is sprains, strains, and contusions.

Attorney answers (3)

  1. Troy Gordon Rosasco

    Contributor Level 7


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . If I had to bet, your employer either has a high deductible workers' compensation policy or is self insured. In both cases, the claim might be administered by an "insurance company", but the $ to pay your settlement will come out of the employer's own workers compensation reserve fund, and they don't want to part with the money just yet. Your attorney should know if this is the situation, so ask him. By the way, if your diagnosis is truly only "sprains, strains and contusions", if they offer you $130,000, take it and run. Good luck!

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  2. Leonard Bernard Feld

    Contributor Level 13


    Lawyer agrees

    Answered . Dear Madam or Sir in Tonowanda:

    Neither side can be required to settle a workers' compensation claim, just as neither side can be compelled to settle a lawsuit in Supreme Court over a traffic accident. You need two sides that are willing to settle. Otherwise, a case simply goes its normal course.

    There are many injured claimants who are offered Settlements that refuse them; in the long run, a Settlement is usually for the benefit of the Insurance Company.

    It may be that the Insurance Company is being influenced by its insured Employer not to settle, (they do pay the premiums) or it may be the decision of the Insurance Company alone.

    It is pure speculation to guess why they don't want to settle. Perhaps they thought your Demand was too high; perhaps they are hoping you will not live long enough to cost them a lot of money in biweekly payments.

    Remember, this is what they are saying now; things can always change.

    Good Luck with your claim and good luck to the Bills this weekend.

    Leonard Feld

  3. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation. Have you spoken about this with your attorney who you hired and presumably trusted with the care of your case? You should discuss it with your attorney and if you are not satisfied you might want to seek out other legal counsel.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply but you can contact me as indicated below.

    Complimentary phone consultations
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)

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