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I signed my workers compensation settlement papers last week. How long will it take to get the hearing date sothe judge can sign

Jamaica, NY |

Signed settlement papers

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Attorney answers 2

Posted

Once you and your attorney have signed the Section 32 settlement agreement and it is also signed by the carrier's authorized representative, it must be submitted to the Workers' Compensation Board for review. If everything is acceptable they will then schedule a hearing with a Workers' Compensation Law Judge for consideration and approval of the settlement agreement. Since you appear to reside in Jamaica, Ny the hearing will likely be at the WCB location there. There is no exact answer for how long it will take as this is scheduled by and completely in the Board's control. It depends also on how many such agreements are pending for hearings. A guess and again this is just a guess, is that 4 to 8 weeks after submission of the papers, if they are sufficient, would not be an unreasonable range to expect the hearing. Once the judge approves the agreement, all parties have 10 days to change their minds and advise the Board that they wish to withdraw from the agreement, by law. After that if no one withdraws, the Board will issue a final decision and the carrier must make payment within 10 days of the date of filing of the decision or face a penalty. Good luck.

This answer does not constitute legal advice nor does it create any attorney client relationship. It is provided for general purposes only and you should not rely upon it in making any decisions. You should consult with an attorney licensed in your state who is experienced in the area of law involved in your question.

Posted

There are diffent types of settlements. Regardless, every settlement must be approved by an administrative law judge. It may take several weeks to just get a hearing, and then at least a few weeks once it is approved. Your attorney should be able to give you a general idea for your case. Good luck!

EVERY case is different. The answers provided here are general and not related to the specifc facts of your case. I am not your attorney and if necessary you should seek legal counsel.

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