Legal Question in Workers Comp in New York

acdf multilevel surgery

i have had a multi-level acdf and am thinking i will never have full range of motion again. what are some results that workers comp may offer as a settlement if i am correct. i am 2 months after surgery and still cannot start physical therapy. please advise


Asked on 10/06/08, 8:03 pm

1 Answer from Attorneys

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

Re: acdf multilevel surgery

You have not given me enough information to give you a definitive answer but here goes:

If you injured your hands or ankle then you can get a permanency evaluation called a schedule loss of use 6 months post surgery. If an arm or leg 1 year post surgery

For the neck or back no schedule loss of use.

However, if you have a neck or back injury perhaps you cannot work again and would be a permanent or total disability called a ppd or ptd. This is after you reach maximum medical improcement usually a year or two after the surgery. With this award you get payments for a finite number of years and possibly for the rest of your life.

The most amount of money can be had by a section 32. Here you trade future payments and medical benefits for a lump sum settlement.this takes years to occur.

If you would like more information you can check out my website www.kesslerlawyer.com.

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Answered on 10/06/08, 9:20 pm


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