Legal Question in Personal Injury in New York
Work-related injury
On June 30, 2004 I had an accident at work and got injured. It was my fault. The company has insurance, so they paid 100% of my expenses: surgery and post-surgery recovery. My right hand got burned badly (that's the hand I use to write with, I'm not a lefty), and I needed plastic surgery.
I returned to work in three months. During that time, the insurance company paid about 70% of my salary. In March 2005 the doctors told me that I have 9% hand disability. I have received two letters from the insurance company since then. They offered to pay me a total one-time compensation of $5,000.
Should I accept their offer, or am I entitled to more money? How should I proceed?
Thank you for your time.
3 Answers from Attorneys
Re: Work-related injury
You should be talking to a lawyer who handles Workers' Compensation claims. $5,000 sounds too low. I know an excellent workers' comp firm I can refer you to if you want to speak with someone. Feel free to email me.
Re: Work-related injury
It's really a personal decision that depends on a number of factors: The degree the disability affects you daily, your current expenses as a result of treating or medicating the injury, and the likelihood of future surgery or necessary procedures you may face for future complications. Also note, that by taking the offer you forego any future right to workers compensation for this injury.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office
Re: Work-related injury
Workers Comp is different then regular personal injury. They use schedules that state the amount of (or percentage) of disability you are entitled to. They base this on their doctor's and your doctor's reports. What do your doctors say?
The question is to a certain extent, how disabled are you? Can you write with the hand, type with the hand? Is 9% adequate?
I can refer you to an attorney who specializes in workers compensation if you like, or you should question one of your own.
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