Legal Question in Workers Comp in New York

I had a workmans comp case in 2007 and I recieved a check to cover the time I lost from work from the insurance company. In july 2009 I recieved another check for $342 from the insurance company with no explanatio as to what it was for The check was made out to me and the stub said it was for the workmans comp case from 2007 . Today (6 months after I got the check for $342) I got a call from the insurance company saying that the check for $342 was a mistake and I have to give it back.Do I have to give it back after all this time?


Asked on 2/12/10, 8:09 pm

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

Technically you do. However, if you have a schedulable site of injury such as a foot, hand, shoulder, leg etc. and have not gotten a schedule loss of use award, then they can assert an overpayment and use that amount as a lien against your award. If you have injured an extremity and have not gotten a schedule loss of use award, please contact my office at [email protected]. I have represented hundreds of clients from all over the NY-Metro area and have obtained significant compensation for their workers compensation injuries.

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Answered on 2/18/10, 6:30 am


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