Legal Question in Workers Comp in New York

I am a 63 yr. old male in NY. State. I am on workers comp. permanent partial for life, $250.00 a week for a back injury. I also get SSD.$ 1280.00 a month. The comp. carrier wants to settle my case with a 10 yr. lump sum & they will keep paying my medical. Is this a good deal??


Asked on 6/16/10, 4:34 pm

2 Answers from Attorneys

Brian Mittman Markhoff & Mittman, PC

While I cannot say whether it is a good deal or not, in general lump sums range from five to seven years, and then you need to include medical, the medicare issues and so on. If you have an attorney you should sit down with them and discuss these issues. I would let you know that due to many changes in the law and cases that have gone against injured workers, the idea of lifetime benefits is really not real and the insurance companies have many ways to try to stop your payments and stick it to you! Speak to your attorney and good luck. For more information on workers compensation, click my link below and order my free book, Five Deadly Sins that Can Derail your New York Workers Compensation Case.

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Answered on 6/16/10, 7:43 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Of course, I agree with Mr. Mittman as well. But the question that I have is what is your Medicare Set Aside. A Medicare Set Aside or MSA is money that is taken out of your lump sum settlement if you are receiving Medicare or SSDI and is based upon your medical needs. There have been instances where Medicare has requested your entire settlement amount. I would find out what that number is before determining whether or not you have a good deal. If you have an attorney I would discuss this settlement with him or her as soon as possible. If not, I would retain a competent skilled workers compensation attorney and discuss this matter with him or her.

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Answered on 6/17/10, 5:29 am


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