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Workers Compensation Settlements

Ticonderoga, NY |

Been out of work for months. Recently had an MRI that showed a herniated disk compressing my nerves. I always here about people getting settlements . I have a lawyer but he does not communicate much. How do you go about the settlement process? If i go back to work on restrictions is there still a settlement?

Attorney Answers 5


  1. You are entitled to a settlement. If you need surgery, you should undergo the surgery first. If you continue to have permanent restrictions after the surgery, you may be eligible for vocational rehabilitation or a wage differential. If you can't communicate with your attorney, you need to find another attorney. Goog luck.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. In Wisconsin,s ettlements usually take place only after treatment has ended, permanent restrictions are decided, and return to work questions are addressed.
    Settlement may well need to wait pending firther treatment.
    Your lawyer should be communicating. Call him and ask questions. If he will nor respond, then I would call a different lawyer.
    I know it seems like it takes forever, but workers comp claims do take time. Best of luck!


  3. You can ask the board for a section 32 settlement conference. You will need the doctor's opinion about permanency, and reaching maximum medical improvement.

    Your attorney will ask for a fee, which you must agree to. The board sets the fee; if you do not agree, the board may not grant it. If it is set, you have a right of appeal.

    There is no attorney-client relationship formed as a result of this communication. If you find this information helpful, please check "Positive" or"Plus" or"Up" on the box below. You may contact me at 1-(607) 773-0758, or by e-mail through this site if you wish to follow up confidentially.


  4. In New York you will first have to litigate your permanent rating before you should enter into a settlement unless they are willing to concede the maximum rate based on your avereage weekly wage. There may be many unresolved issues in your claim. Workers Comp attorneys are generally trapped at the Board for many hours. Why not set up an office consultation with your attorney. Then if there is still no communication, you may need to change attorneys. I am assuming you've been out of work because of an on the job injury. If you go back to work and have restrictions and a loss or reduction in earnings there still may be a settlement.


  5. This is a question that is most appropiately answered by your lawyer. If you have not been disabled for more than 1 year, it is probably too soon to be discussing a settlement. The settlement you are referring to is a Section 32 Settlement pursuant to NY Workers Compensation Law Section 32. Typically, but not always, the carrier will want to wait till there is a good indication as to what your permanent impairment will be. Also typically, it is a slow process. And yes, if you did return to work lite duty with restrictions, and making less $$ per week than your Average Weekly Wage at the time of the accident, there possibly still could be a settlement.

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