Legal Question in Workers Comp in New York

Worker's Compensation

I was out of work for 79 weeks. I injured my arm in a machine. I had 3 surgeries, and my doctor recently gave me a 25% loss on my arm. My hearing is this coming week and I'm wondering what will happen @ the hearing as far as what my comp settlement might be. I was paid approximately $400/week and I know I'll have to pay that back, but I am wondering if anyone has any specific calculations on what I might expect to receive for a settlement.


Asked on 11/01/08, 9:35 pm

2 Answers from Attorneys
Michael Stacy Law Offices of Michael P. Stacy

Re: Worker's Compensation

The only way you could get anything more out of this case is if those weeks you were out of work count as what is called the "Protracted Healing Period." Under the law there is a certain period of time, while you are out at total disability that gets added back into the schedule loss of use award. But you have to be out of work on total disability for longer than the "Healing Period." Periods of partial disability do not count.

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Answered on 11/03/08, 3:26 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Worker's Compensation

Unfortunately, the math is not on your side. Your SLU is worth approx.78 weeks and you were out 79. You may recoup some sick and annual leave but you will get nothing from comp.

I'm sorry.

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Answered on 11/01/08, 9:53 pm


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