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

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

Posted

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 you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

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Brett A. Borah

Brett A. Borah

Posted

I agree with Mr. Stumpf. What have you got to lose....you have a lot to gain by talking to an attorney.

Posted

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.

Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.

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Brett A. Borah

Brett A. Borah

Posted

Mr. Corson always tells it like it is. I agree with him completely.

Asker

Posted

I wanted the section 32 settlement due to not wanting to be under anyone's thumb for the next 30 years of my life. I would like to live a little free of doc's. I have other health issues due to family genes so I just wanted done with this. Thank you for your advice.

Posted

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. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.

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Brett A. Borah

Brett A. Borah

Posted

I agree. What have you got to lose....you have a lot to gain by talking to a good workers comp attorney.

Asker

Posted

I am not under care anymore. My doc's have signed off at 75 % disabled and if I need care I am to see my own doc.

Posted

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.

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Brett A. Borah

Brett A. Borah

Posted

I agree with Ms. Persaud.

Asker

Posted

I have a lawyer that is the scary part. My doc's have me at 75%. So the IME saying I am 65% to me is correct. My lawyer wants to settle with open care, the price is 100,000 usd cash but I have to pay back 50,000 to comp for me being out of work, 25,000 to my lawyer so that leaves me with 25,000 for the rest of my life. I want to settle out with no care just let me take care of my surgeries I might have to have in the future. No ssdi no help from anyone but my 410.00 every other week check. When I signed on with this lawyer he told me the state will pay 10,000 per one % of loss. Where has that gone? I was a factory worker and will never be able to do that again. I can not due to my wrist injury can not be a floral designer either. I can not lift push or pull more than 10 pounds. The IME wants me to be able to work for 20 minutes then a break for 40 minutes due to my neck injury. Thank You for your advice but I am getting no were really fast :(

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