Legal Question in Workers Comp in New York

I am 30 years old. Hurt my back at work and need to have a disk replaced. What kind of settlement should I expect from comp. I live in ny. I know there are many variables. But any ballpark answer would be great.


Asked on 2/21/11, 3:35 pm

1 Answer from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

You are right there are many variables. As a rule os thumb section 32 settlements are not entered into until at least 2 years from the date of accident or when you have reached maximum medical improvement. The settlements usually represent 5-7 years of your compensation rate at the time of your settlement. Moreover, if you have social security disability and will recieve medicare within 36 months from the section 32 settlement, then medicare will make you set aside a portion of your award.

As you can see your award (if you indeed receive it) has nothing to do with pain and suffering and the severity of injury and everything to do with your level of disabiiity at the time of settlement .

If you do not have an attorney you should contact the injured workers bar association and find one in your local area.

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Answered on 2/21/11, 3:50 pm


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