Legal Question in Workers Comp in New York

Retirement & on ny comp

I have been on 2/3rds comp , permanent partial disability since 1990 . I was told I would get $250.00 a week for life . Now 18 years later , I am told if I retire I will loose my comp . The lawyer I had at the time said this would not affect me , because I was getting comp for life , I ended up with a new lawyer because my first one retired . Can they do this after making a decision , then change it . I am now 70 & should be retiring , but am forced to work , because there is no way I can pay the bills , I thought I could afford .


Asked on 9/06/08, 10:06 pm

1 Answer from Attorneys

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

Re: Retirement & on ny comp

That is not the case. You are entitled to get the $250 per week for life. If they do cut you off you should get a lawyer. The Workers Compensation carrier will probably argue that you elected to take retirement and that your retirement is unrelated to your disability.

You should go to the injured workers bar association website and find a lawyer in your area. I forgot the website, but if you "google it" you can find it.

Best of luck,

Jason Kessler

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Answered on 9/07/08, 2:49 pm


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