Legal Question in Workers Comp in New York

Re: Back Injury and workmans comp

It is easy to see that you are stressed out about your situation, it is only human. Many times I think Compensation Lawyers spend most of their time just listening and being there for their clients than anything else.

First to answer your question about a settlement, those types of discussion usually do not occur until you are closer to a legal finding of "permanency" which under the current law is 2 years from the date of your last surgery. You can settle you case at any time but it can be risky if you settle before you are done treating because most settlements require you to also give up medical coverage. Not a good idea most of the time because that means you pay for treatment out of your own pocket.

There is no automatic right to a settlement but typically, if there is one, it amounts to a "buyout" of your claim. For example if you are likely to receive on-going benefits for the next seven years, the compensation carrier might be willing to hedge their bets and offer you 5.5 years of benefits all at once. Whether or not you have a good offer on the table counts on a number of variables both legal and non-legal. For example: what are you going to do with the settlement money that you couldn't already do if you did not settle. Will you pay off all your debts or will it be a weekend in Vegas with the money? You should always be skeptical of a "settlement." If it does not make good business sense to the insurance company, they would not make the offer.

Buyouts often sound nice because they are an end to the stress of the system but the real question is will it look like a good settlement five or six years from now.