What is the price per percent of disability in a workers comp case in new york. Totally confused about all of this.

Asked almost 2 years ago - Saint Johnsville, NY

I am as the IME says 65 % disabled from my wrist shoulder elbow and neck injury.I have had surgery on my shoulder, wrist and my vertibre removed from my neck (c6). We want to close out and use the section 32 settlement but, I would like to know that at my age of 39 what is a good price? I have tried to find jobs but due to my injuries no one will hire me.

Attorney answers (4)

  1. Sharmine Persaud

    Contributor Level 7

    5

    Lawyers agree

    Answered . First, I recommend that you obtain legal representation. The treatment and impairment guidelines are complicated. Having said that, if the WC IME opines that you have a 65% rated disability what was your doctor's opinion. Was it higher? You can and should challenge the IME. Questions for the IME: What did the IME base that 65% rate upon? Did the IME review ALL your medical records, MRI, EMG? How long did the IME spend examining you? Was the IME an ortho, neuro or DC? Check the doctor's credentials?
    Questions for you: Are you receiving SSDB? Did you apply for SSDB? If yes, is that claim pending? Are you receiving an employee pension, Union pension? What was your occupation? Highest level of education. All these questions need to be answered to see whether you are offered a fair settlement deal. Hope this helps you and answers your question.

  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Are you still treating? If so, an Article 32 might not be good for you. I suggest you have a worker's comp attorney represent you.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Robert A. Stumpf

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . You would be really, really advised to consult with a worker's comp attorney, especially on a free initial consult basis.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more
  4. George Ellis Corson IV

    Pro

    Contributor Level 20

    Answered . You are pretty jacked-up and not very old. I would like to recommend in the STRONGEST possible terms that you retain a well-respected WC Attorney to help you settle your case. There is NO way to know how much your future medical is worth from your narrative, or what kind of retraining or accommodation you may need. You are apparently already missing a cervical vertebrae, so there strong likelihood that you will need more medical stuff down the road.

    If you absolutely refuse to get an Attorney, ask them for 1 Million USD. If they say No, you are better off leaving your medical open anyway. You will never get 1 Million unless you lose complete bowel control, so I think that is pretty safe non-binding legal advice. You won't be sorry if you leave your medical open, but you might be sorry if you do not. If you cannot work, you probably cannot find Insurance when you may need it most.

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