Workers comp settlement
In 2000 suffered a work related back injury and have been claiming workers comp on and off since. I have lifetime medical thru workers comp and receive $200 a month. Now workers comp wants to settle for around $16,000. The injury has changed my whole life. I can not sit or stand for long periods of time....this has limited my ability to work full time. I think the settlement should be much more. How do I get the amount I need?
Attorney answers (2)
Victor Fusco
Reputation Level 10
Answered about 3 years ago.
Workers' Compensation Lawyer in Woodbury, NY.
Ordinarily that is NOT a fair amount for your case. Ordinarily the offer should be between 52000 and 63000,
depending upon your age (they will offer more to younger workers) However there may be defenses in your case that lower its value. If the carrier has a strong :voluntary withdrawal from the labor market defense" for instance, they might be shooting to cut off you on going benefits entirely if they were to win on that issue.
The short answer to your question is an attorney needs much more information than you have supplied to even begin to answer your question accurately. You MUST, you absolutely MUST speak witha compensation attorney.
If you want to call me or email me I will be glad to talk to you and if you are not within my service area, I will be glad to give you the name of someone is convenient to you.
If you settle the case under section 32, payment for your medical care will STOP.
You really need to seek out a consultation with an experienced comp lawyer and not try to deal with this yourself. You will get screwed.
Our number is 800-416-5454 ext 4417
Vic Fusco
2 people marked this answer as good
Brian Marc Mittman
Reputation Level 11
Answered about 3 years ago.
Workers' Compensation Lawyer in White Plains, NY.
depending on the insurance company they generally offer settlements based on a number of years and possibly some future medical. In workers compensation you do not get paid for pain and suffering! Only for a weekly payment and medical care. There may also be other factors such as Social Security that affect your rights. Unfortunately, since your rate is only $200 a month the amount of the overall settlement will likely not be what you wish it to be.
Other answers (2)
moruitelda
Answered by a user, about 3 years ago.
A few notes, as a claims examiner for a New York Insurance Carrier which I will not identify here.
First of all, it appears that you're being (or have been) moved to the liability of Special Funds under either section 15(8) or 25-a, and they're offering you a settlement on indemnity under section 32 (all of NYS WCL). They're basing that $16,000 number on a conservative estimate of what you would receive in future indemnity over the course of your life; keep in mind that if you voluntarily retire, you can lose your benefits at that time.
You would retain your right to causally related medical care. At $200 monthly, $16,000 is 80 months, or just under 7 years. If you believe that you'll be working for more than 7 years, it doesn't make sense to accept this settlement, but if you're considering retiring for reasons unrelated to your injury, it might be wise to accept the settlement .
2 people marked this answer as good
davmcdonnell
Answered by a user, about 3 years ago.
Your lucky your in NY. I had an inj in 2005 to l4 and l5,i have had 4 surguries the last being an implanted spinal stimulator to help with cronic lower back pain. I had a fusion done which helped but i still take narcotics just to make life livable. In Wa. state i have been offered 17,000,no lifetime medicle and no monthly compensation! I have been reliesed to light duty and after months of searching..no one will hire me due to my medication. Your case,as it may seem like your getting the shaft,would be wonderfull to me! I am 45 yrs old and that may have some bearing but i cant help but feel shafted myself. Hang in there! Dave
2 people marked this answer as good
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