New York Worker's Compensation - Help For Injured New York Workers

• New York Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• New York Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 10 of 10
  1. #1
    Join Date
    Sep 2008
    Posts
    1

    Default Section 32 Settlement

    ok here,s the question i settled my 32 settlement ,went before the judge everything went ok now i,m waiting for my settlement 32 check by law how long does it take to get my settlement check its been almost 3 weeks , i thought they had only 10 days to get it to me, and then the ins co would have to pay a penalty ,i,m waiting to pay my bills any one in ny know how long the ins co takes there has to be a dead line to pay me would do you think any help is needed ,

  2. #2
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Exclamation Re: Section 32 Settlement

    http://www.wcb.state.ny.us/content/main/forms/c32_1.pdf

    Click on the above,
    Look on page two letter h

    I would contact my attorney and see what is up with the payment and follow through with a penalty against the IC.

    Do this quickly with an RFA 2

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Section 32 Settlement

    In NY State once you go to the settlement hearing at the comp board you have a 10 day waiting period where either party can change their mind. Then there is a 6 day processing of the paperwork and decision notices to be sent. After that the insurance carrier has 10 days to send the check. So basically it is a 26 day waiting period which is tough as some ppl do not have income that time as comp chacks stop the day of the hearing. This information should have been handed to you when you checked in at the board hearing and the judge would have gone over it with you.

  4. #4
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Section 32 Settlement

    Web site:http://www.wcb.state.ny.us/content/m.../sn046_161.jsp

    Also the above listed days are counted as business days not actual days and a holiday is not considered a business day.
    Knowledge is a beneficial tool for the injured worker!

  5. #5
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Section 32 Settlement

    Quote Quoting JP56 View Post
    I am about to go throught the 32 agreement process as soon as the Board Notifies us of a hearing date. I am representing myself on this after my original atty taking from 1992 until 2003 to resolve the case, and getting paid fees of $24,000 from my award settlement, and then not doing a damn thing to represent me on any issues between the 6/2003 hearing closing when he got his fees, and 11/2009 when I fired him. My question here is, I want to know where you came up with the 6 days for paperwork rule? The way I read the law as quoted on the back of the 32 form, there is a 10 day "buyers remorse" mandatory wait, then it says the carrier has 10 days from the Decision Filing date to get the check to you. That is only a 20 day waiting period until the money should be in hand & the carrier faces penalties. That of course is providing the BOARD files the decision in a timely manner. But based on the hell I went through over the years (even with an Atty) and the boards propensity for losing paperwork or not filing it properly in my file it could end up being an indefinite wait! Still, my point is I only see a 20 days total wait and no source citing the 6 day processing & decision notice mailings.

    If this is in fact true, I am very glad I stumbled on this forum while searching for answers to another problem related to this. I am MOST DEFINITELY going to make continuing bi-weekly checks until reciept of the settlement check a condition of the agreement, or else I will walk away from it.
    Instead of retaining an attorney you may want to retain a board licenses non-attorneys to represent claimants in workers' compensation claims, to answer any further questions pertaining to your section 32. Here is a web site you can use, and the fees are set by the board and not as expensive as an attorney, the site: http://www.wcb.state.ny.us/content/m...ps/findRep.jsp

    Also: http://www.wcb.state.ny.us/content/m...RulesNRegs.jsp
    Knowledge is a beneficial tool for the injured worker!

  6. #6
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Section 32 Settlement

    I know, its very frustrating for those in need, the injured worker! Try not to let it get to you so you they make you do what they want as what the IC's want to do, it should be against the law and I'm going to do some more research to see if they can't be penalized for their actions.
    Knowledge is a beneficial tool for the injured worker!

  7. #7
    Join Date
    Jun 2010
    Location
    Florida
    Posts
    46

    Default Re: Section 32 Settlement

    My wife just had her SEC32 hearing yesterday the 7th and the JUDGE told her that she should see her check in NO MORE THAN 26 days as long as NO ONE changes there mind during the 10 day cooling off/waiting period, then the WCB had up to 6 days to file the paperwork and the decision be placed into the record and the IC had 10 BUSINESS DAYS after that to CUT THE CHECK. He explained all this to her and even asked if she UNDERSTOOD this so that it was made VERY clear to her which I am sure all of the WCJ do, he also said to make a copy of the envelope the check comes in that showed the postmark because if its late a PENALTY can be filed. He did make it clear it was within 26 BUSINESS DAYS and if a holiday fell during those business days that day DIDNT COUNT so if you been waiting almost 3 weeks thats only 15 BUSINESS DAY if no HOLIDAYs are mixed up in there so hang in there you only have about another 10 days. If you can look in your case file through "E CASE" you can see the day the WCB filed your paperwork and then the IC has 10 days after that date.
    I am here to support my Wife who was injuried on the job in 2004 and fighting the system.

  8. #8
    Join Date
    Feb 2010
    Posts
    7

    Default Re: Section 32 Settlement

    What was the amount and how long was u on ttd payments im dying to know because i tink im going to do the same thing

    ---------- Post added at 04:46 AM ---------- Previous post was at 04:43 AM ----------

    What happened??

  9. #9
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: Section 32 Settlement

    Quote Quoting BIGRON View Post
    What was the amount and how long was u on ttd payments im dying to know because i tink im going to do the same thing

    ---------- Post added at 04:46 AM ---------- Previous post was at 04:43 AM ----------

    What happened??
    A lot of people don't want to get into particulars of settlement amounts of money but you need to research the web site and the question portion of the web site for answers.
    Knowledge is a beneficial tool for the injured worker!

  10. #10
    Join Date
    Aug 2011
    Posts
    1

    Default Re: Section 32 Settlement

    I agree with this comment, that was whatI read on my notice and have been depending on this check to come to me within 20 days. Also it says calendar days not business days.
    Quote Quoting JP56 View Post
    I am about to go throught the 32 agreement process as soon as the Board Notifies us of a hearing date. I am representing myself on this after my original atty taking from 1992 until 2003 to resolve the case, and getting paid fees of $24,000 from my award settlement, and then not doing a damn thing to represent me on any issues between the 6/2003 hearing closing when he got his fees, and 11/2009 when I fired him. My question here is, I want to know where you came up with the 6 days for paperwork rule? The way I read the law a
    s quoted on the back of the 32 form, there is a 10 day "buyers remorse" mandatory wait, then it says the carrier has 10 days from the Decision Filing date to get the check to you. That is only a 20 day waiting period until the money should be in hand & the carrier faces penalties. That of course is providing the BOARD files the decision in a timely manner. But based on the hell I went through over the years (even with an Atty) and the boards propensity for losing paperwork or not filing it properly in my file it could end up being an indefinite wait! Still, my point is I only see a 20 days total wait and no source citing the 6 day processing & decision notice mailings.

    If this is in fact true, I am very glad I stumbled on this forum while searching for answers to another problem related to this. I am MOST DEFINITELY going to make continuing bi-weekly checks until reciept of the settlement check a condition of the agreement, or else I will walk away from it.
    McGrat41

Similar Threads

  1. Section 32 Settlement
    By matty223 in forum New York
    Replies: 42
    Last Post: 11-19-2012, 10:45 AM
  2. What Is a Section 32 Settlement
    By Injuredworker101 in forum New York
    Replies: 3
    Last Post: 10-20-2011, 08:17 PM
  3. 'Section 32-Consideration'
    By bluntforcetrauma in forum New York
    Replies: 10
    Last Post: 01-27-2009, 08:40 AM
  4. Help With A Section 32 Settlement
    By Injuredworker101 in forum New York
    Replies: 3
    Last Post: 09-05-2007, 10:47 AM
  5. What Is Section 32
    By k64 in forum New York
    Replies: 3
    Last Post: 08-11-2004, 09:44 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer