Legal Question in Workers Comp in New York

Time of Settlement

I have a friend of mine that got hurt at work a few months ago . She hurt her back and knee in a bad fall and had surgery on both , including knee replacement . She went to court last week and was told she would have to wait two years before there was any type of settlement . Because they want to see if there is still any pain .

Doesn't seem right . Is this how it is always done .


Asked on 5/15/07, 11:27 am

1 Answer from Attorneys

Re: Time of Settlement

They are probably talking about a Scheduled Loss of Use to the knee. Generally, it takes at least one year before this can be done because of the need to see what condition the knee will be in down the road. Its too soon to tell now. However, if your friend is not working, she should be able to get lost wages through workers' compensation. In addition, if she will be unable to return to work for at least a year, she may qualify for Social Security Disability Benefits. Finally, if the accident was caused by someone other than her employer or a co-worker, she can bring a personal injury lawsuit.

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Answered on 5/15/07, 11:34 am


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