Legal Question in Workers Comp in New York

I had multi-level acdf surgeries. IME declared MMI and a 65% ppd. Wage earnings determined by WC were 987.00 p/wk at time of injury. Case 3 yrs. old My ortho says mod. to marked ppd and MMI. no one is considering I still see a neuro. for established cervical nerve damage c5-6-7. dont like my lawyer. offered 95,000. lump sum or 425.00 p/wk for 375 weeks. I would love 2nd. opinion and love to switch to a more aggressive attorney. please advise.


Asked on 11/16/10, 5:04 pm

1 Answer from Attorneys

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

Your settlement is the standard settlement that carriers offer in situations such as yours. Unfortunately, workers compensation settlement are usually capped at a certain amount of weeks and are not like personal injury settlements. Remember that you will not have any jury look at your pain and suffering. You will have a wizened bureaucrat merely implementing rigid business friendly guidelines. If you would like to discuss your case in greater detail please feel free to call me.

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Answered on 11/22/10, 1:59 pm


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