Legal Question in Workers Comp in New York
i live in ny, ifell about 6 months ago on the job and have a herniated disk in my lower back. Doctors now are requesting surgery after therapy was no help. my question is am i entitled to a settlement for pain and suffering or do i have to wait till after surgery to see what my % of loss is ? comp checks aren't enough to pay my bills .
2 Answers from Attorneys
If you only injured your back in NY (NYS workers comp) you are not entitled to a schedule loss of use settlement for percentage of impairment. Perhaps if you are out of work for years you may get a section 32 or be eligible for a permanent disability.
New York Workers Compensation pays for lost time from work and medical expenses related to your injury. Unfortunately the idea of pain and suffering is NOT covered by workers compensation. No matter how much you suffer, if they are paying you the proper lost time payments then that is bascially it.
If you return to work and earn less than you used to and that is due to your injury, then you may be entitled to some of the difference.
Finally, if you are out of work for an extended period of time you may be able to negotiate an overall settlement that would provide you with a one time lump sum of money and be done with your case. Good luck!
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