Legal Question in Workers Comp in New York

workmans compesation

i was hurt years ago on a job have had back surgery and will agian what is my right to being payed they pay me at years ago pay rate am i entiled to any settlement money i am considered perm diability and cant afford to lose time from wk due decrease in pay


Asked on 10/26/07, 4:27 pm

1 Answer from Attorneys

Michael Stacy Law Offices of Michael P. Stacy

Re: workmans compesation

Workers compensation is a wage replacement system that is more like unemployment for injured workers than it is like a personal injury claim. For back injuries, there are no settlements paid simply for having sustained an injury. Usually, a "settlement" arises out of back injury cases when an injured worker is losing time for work on a long time basis. Such settlements most resemble a "buyout" of the ongoing claim. So if you are not losing time from work, even if you have a severe injury, a settlement is not likely since you are not costing the insurance company anything.

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Answered on 10/30/07, 11:14 pm


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