Legal Question in Personal Injury in New York

Are you represented by a lawyer? If so, ask him/her. If not, perhaps you should consider hiring one to help get you the best possible deal.

What is your average weekly wage and what rate are you being paid at?

Your question raises a great point that I would like to bring up. You ask whether a $20,000 settlement on a section 32 for someone at a moderate rate of disability. By asking this question you raise an issue that is extremely confusing to many workers compensation claimants and something that most of them do not understand. The amount of money that someone gets on a section 32 has little to do with the area of their body which they or injured or their age. It has mostly to do with their degree of disability, their average weekly wage and their workers compensation rate. Thus, a steam fitter who has an average weekly wage of $1700 per week an average weekly wage of $600 would get far more money on a section 32 then a cashier at a department store with an average weekly wage of $300 and a $200 rate.

Why? Because a section 32 is usually calculated as a certain amount of years multiplied by the rate at a certain degree of disability. Therefore, if your total rate was $200 and your moderate 50 percent rate was $100 then a $20,000 section 32 represent less than 5 years at a moderate disability.

Whether or not such a settlement would be a "good" settlement is something you should discuss with a lawyer. There have been changes in the law recently and your question is a lot more complicated that you may have imagined. But at least now you know the basis for the isnurance company's offer. I hope this has helped.