Legal Question in Workers Comp in New York

i was involved in a car accident nearly a year ago, and my job insurance wants to settle with me out of courts what does that mean?


Asked on 1/10/11, 4:16 pm

1 Answer from Attorneys

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

Before, I can answer your question, I would like to educate you a bit as to what this means.

This means that you were in a car accident while doing something work related. So you have two claims a) a personal injury claim against the person who caused the accident (if it was not you) and b) a workers compensation claim. Obviously, your employer has been paying workers compensation benefits to you and now wants to either settle with you for a schedule loss of use (if you returned back to work and hurt an extremity: arm, leg, hand, etc) or a Section 32 (if you have been out of work the whole time). Both of these settlements mean different things to your workers compensation claim. Moreover, such a settlement may have a bearing on a potential personal injury lawsuit because your employer's compensation insurance will have a lien on any personal injury claim (over $50K in benefits and medical payments combined).

I suggest that you call my office immediately to discuss. I have handled both personal injury automobile lawsuits and workers compensation claims. So I would have a good perspective on how this settlement will effect you. My name is Attorney Jason Kessler and my # is 1800-346-6254.

Read more
Answered on 1/15/11, 4:31 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in New York