Legal Question in Workers Comp in New York

compensation for a back injury.

I fell at work and injured my back requiring spinal fusion at 2 discs in my lumbar spine. I am back to work after being out for 6 months (the first 4 months waiting for surgery) and am back to work with restrictions. I am a mechanic.

I live in NY and wonder if a lump sum sttlement will happened or what else I can expect regarding future compensation. I was 39 when I got injured. That was 14 months ago.


Asked on 12/12/07, 1:45 pm

2 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: compensation for a back injury.

Your question is complicated. Call me, Pasquale Calcagno, for a free legal consultation so that we can talk in more detail about your case. Additionally, you may have another case that you are not aware of. Call me at 1(800)WE-FIGHT or locally at 1(718)WE-FIGHT for a free consultation.

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Answered on 12/13/07, 10:22 am
Jason A. Richman Jason A. Richman, Esq.

It is up to you

If you want to settle your comp case, you certainly could, however there is quite a bit of research and thinking you should do first.

Consider that a Section 32 Settlement will almost certainly eliminate future medical payments for this injury. If you need more surgery down the line, which is very possible, comp will not pay. You need to find out if your health insurance will (in writing).

You may or may not have been classified by comp. If you have not been then a Section 32 will not result in as high an amount. You really should consult with a WC Attorney who can help you to explore these possibilities. IF you are awarded a PPD then you can still earn some income as well as your comp benefits. In addition your medical coverage through comp would not go away during the time that you have a PPD award. If the PPD is awarded you would get a payment at that time, and could see how it works out, and then could enter into a settlement later on.

Give it though before you do anything and if you need help finding an attorney in your area to help please feel free to call or write. 5853195334

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Answered on 12/12/07, 2:03 pm


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