Legal Question in Workers Comp in New York

Workers'Compensation Law

Is a lump sum settlement under the terms of the Workers'Compensation Law always tied to loss wages? Can the settlement be labeled as pain and suffering?


Asked on 12/17/08, 6:47 am

1 Answer from Attorneys
Michael Stacy Law Offices of Michael P. Stacy

Re: Workers'Compensation Law

A lump sum is tied to whatever the Compensation Carrier could reasonably be ordered to pay, either for past benefits owed or future benefits they will have to pay. Typically it is wages or medical expenses. In effect, a "lump sum settlement" now known as a section 32 agreement amounts to nothing more than a "buy out" of the Comp Carrier's future obligations. Since compensation has nothing to do with pain and suffering, the lump sum would not include it.

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Answered on 12/17/08, 8:56 am


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