Legal Question in Workers Comp in New York
I injured my neck at work in 1997 and have had 5 neck surgeries. I have been on comp since 1997 and now I feel I want to settle. I am perm. partial disabled. I receive social security and NY retirement and comp. I live in NY and I have NYS insurance fund and I am just sick of dealing with comp. I also was told by my doctor my neck is what it is and I certainly do not want anymore surgeries,because of surgeries I have developed other problems with my spine. Thank-you.
2 Answers from Attorneys
Dear Injured Neck - I am sorry to hear about your injury. Most insurance companies, and even the NYS Insurance Fund often do look to settle out workers compensation cases. The value is generally based on your "rate of compensation" (what they are paying you), your age, and a multiple they generally use. NYSIF usually pays between 5-7 years of benefits (in a lump sum) depending on the case (and sometimes more, sometimes less). However, as a recipient of Social Security you will also have to take into account the right of MEdicare to approve your settlement and make you use some of that money for neck treatment.
Good luck.
Our firm regularly handles comp matters, we have an attorney that solely handles workers comp matters, feel free to contact our office at 212-405-2234
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