Legal Question in Workers Comp in New York
WC Law, terms Confusing - too young for this?!
Hello, I am a 19-year old male from NY. I suffered a hand injury this past summer (lascerations/fractures)
W.C. [job injury] is too much and something no one, especially young adults, should have to experience. I just have a few questions and/or points for clarification:
1) I heard/was told that insurance and/or W.C. (?) will give settlements if the party decides to close the W.C. case; is the settlement payout based on the estimated costs of future healthcare (relative) , severity of initial injury, and/or the 'disability' estimation of the injury in present-time.
2) Having been 'temporary totally disabled'' for three weeks, then returning to work, then leaving again for another surgery/recovery of two weeks, and finally returning for 'regular duty'' have I forefitted any right(s) to a future settlement of some kind. I was paid W.C. checks for the times I was out, and just receieved a form ''Administrative Decision'' and a award is listed.
3) Regarding the Administartive Decision, is there no longer any kind of benefits receievable on my behalf?
4) Are 'settlements' only payable to permanent totally disabled parties?
1 Answer from Attorneys
Re: WC Law, terms Confusing - too young for this?!
Because you injured your hand and had fractures, you will be entitled to what is called a scheduled loss of use. That is a figure based upon the percentage loss of use that you have sustained to your hand. This is something that is not discretionary with the insurance company but you need to get a report from a doctor one year after the surgery as to the percentage of loss you have. This may be tricky as a lot of doctors don't give those opinions. It may be best to see a lawyer who does comp work to protect your rights.
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