Legal Question in Workers Comp in New York

WC question on settlements

I have heard pros & cons from coworkers about getting a lawyer for my case. I'm currently going through WC case. I had surgery on my hand and I'm waiting for my year's time to come up so I can go and get my SLU from my doctor. Some have had this surgery (along w/other types of surgery) some have got an attorney and the other's did not. After talking to them, the one's that went with a lawyer didn't fair as well as the one who didn't (person got alot more), It seemed the company paid them more. Now, isn't it true no matter what the case maybe there is a ''fix'' schedule award that the WC board can allow? If that's the case then why get an attorney when the company going to award the person money anyway?


Asked on 7/08/08, 7:45 pm

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: WC question on settlements

If you get a decent workers' compensation lawyer you will always get more in a SLU award. Why? because if you can't come to an agreement with the insurance company regarding a SLU then you will have to litigate the matter in front of a law judge. This means that you will have to cross examine the insurance companies IME physician regarding the Workers Compensation Medical Guidelines. How many times have you cross-examined a doctor?

Also, who told you that you have a wait a year for a SLU to the hand? One of your co-workers? It is usually 6 months after surgery to the hand or the foot (or after injury if no surgery) before you reach maximum medical improvement and are schedulable.

If I were you, I would go to the "Injured Workers Bar Association" website and find the closest Workers' Compensation lawyer ASAP. You will always get less $ without a lawyer. The insurance companies are too smart, too shrewd and too evil for you to get a good settlement.

With all due respect sir, you really do not know the system and it is folks like you that are most likely to be screwed.

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Answered on 7/08/08, 8:02 pm


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