Legal Question in Workers Comp in New York

Am I entitled to a lump settlement

I fell at work in 2005 eventually (after many different treatments) I was diagnosed with a herniated disc (L4) and receieved a disc replacement in May 2006. I currently have returned to work (after being out for well over a year). Isn't there some kind of settlement for pain/suffering or scarring (I have an 8 inch scar on my abdomain and a 6 inch scar on my back due to the surgery) and the loss of income because of being paid at a 2/3 (or less) rate? It has been a very stressfull year and a half - financial, physically and emotional and I thought for sure I should be entitled to something.


Asked on 1/03/07, 12:05 pm

1 Answer from Attorneys
Jason A. Richman Jason A. Richman, Esq.

Re: Am I entitled to a lump settlement

if your mds say you have a permanent partial disability you could be classified as such and then settle your comp case through Section 32. however the value of such a case would be deminished by the fact that you are working at a level on par with your preinjury wages.

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Answered on 1/04/07, 2:40 pm


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