Legal Question in Workers Comp in New York

Re: Loss of use settlement

It depends. This is totally different than personal injury law and any lawyer who would give you a dollar amount would be a fool. Pain and suffering mean nothing in workers' compensation law. The issue is your loss of range of motion and your schedule loss of use. One year after your surgery you should go back to your treating physician to get a schedule loss of use report. That SLU = $$$$. But you have to factor in your lost time (which works against you and reduces your final settlement), whether the carrier will accept your doctor's report, whether you want to settle etc. It also matters how hard you are willing to work for your settlement: will you go to doctor's appointments? will you go to IME appointments? Do you care about getting a substantial settlement? (many people do not like going to the extra doctor's appointments and give up).

If you are in the lower NY area (Metro-area) contact my firm and I would be happy to talk to you. If not, go to the injured workers bar association website (google it) and find a workers' compensation lawyer in your area.

You can also look at my website www.kesslerlawyer.com and click on the Q & A section regarding Workers' Compensation.

I hope that I have adequately answered your question.