Legal Question in Workers Comp in New York

does work related injury severe depression ad value to a workers comp case. if so how much value does it add to a settlement ?


Asked on 6/29/10, 11:16 pm

1 Answer from Attorneys

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

Severe depression adds no additional "value" to your settlement. It just makes your case (if established) harder to litigate for the carrier b/c they have to get a pysch exam as well as a physical exam anytime they want to reduce your payments.

By your question I see that you are confusing workers comp. settlement with a personal injury settlement. By and large workers comp. settlements are based on a cold hard calculus that is either your percentage of impaIrment, your degree of permanent disability or in the case of a section 32 your compensation rate multiplied by a certain amount of years. "Pain and suffering" has nothing to do with these settlements nor does the amount of additional sites of injury such as in your case severe depression.

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Answered on 6/30/10, 3:02 am


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