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

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  1. #1
    Join Date
    Nov 2009
    Location
    new york
    Posts
    4

    Default Should I Settle My Workers Comp Case

    can anyone give me advice? it's been almost 3 years since i got injured on my job.i had hurt my lower back l5-s1 and had nerve damage too.i get paid $131 a week from wc.i had got a lawyer.the lawyer and the ic both agreed that pending classification i will have a 40% permanet partial disability and the my averge weekly wage will increased to $540 with wage expectancy.once i been classified,my awards will be adjusted to the propre rate of $540.i'm thinking since i'm young still and live home with my parents if i should just take ask for a lump sum and how much will i get? can someone give me advice.thank you

  2. #2
    Join Date
    Apr 2008
    Location
    Queens, NY
    Posts
    214

    Default Re: Should I Settle My Workers Comp Case

    Your PPD settlement would be an equivalent of 5.5 years (286 weeks) of whatever your comp rate is. Multiply that by your rate and that's what you'd get, and a little less than 18% for your lawyers fee. Then there's the Medicare set-aside if you opt for that, but it is not always necessary. I always suggest settlement to move on with your life and be out of the nightmare WC system.

    I gotta tell you though from my experience, unless you're really, really ****ed up, I seriously doubt they'll give you $540 per week. Even if you get that set payment initially, they'll move to try and lower it with their Dr.s.

  3. #3
    Join Date
    Nov 2009
    Location
    new york
    Posts
    4

    Default Re: Should I Settle My Workers Comp Case

    yeah i was thinking the same thing but i wanted to get some advice first.but the lawyer said that i havent been classified yet but they said pending classification i will have a 40% permanet partial disability.my lawyer and ic company both agreed to that already.i had to sign this sitpulations agreement then they said my averge weekly wage will be $540 with wage expectancy.i guess since i was a minor that i get wage expectancy.what is wage expectancy???

  4. #4
    Join Date
    Sep 2009
    Posts
    39

    Default Re: Should I Settle My Workers Comp Case

    Settlements can be more then 5.5 years.

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

    Lightbulb Re: Should I Settle My Workers Comp Case

    Quote Quoting SHYNE631 View Post
    yeah i was thinking the same thing but i wanted to get some advice first.but the lawyer said that i havent been classified yet but they said pending classification i will have a 40% permanet partial disability.my lawyer and ic company both agreed to that already.i had to sign this sitpulations agreement then they said my averge weekly wage will be $540 with wage expectancy.i guess since i was a minor that i get wage expectancy.what is wage expectancy???


    Your attorney has all the facts of your case and seems to be working in the best interest of you and your future. If you trust his/her work then I would suggest you do as s/he says. Here are a few items for your information and remember, a back injury may not seem like a bug deal now as a "large lump sum" may seem like a good idea too but, what if you need future surgeries and you have to pay out of pocket, will their be any lump sum money left to do so? It appears you will be getting $540 a week for life, and since you didn't mention medical will you be receiving that too? If the medical is maintained for life then you are guaranteed not having to pay for any future surgeries, You can still work in the future, with limited restrictions with the knowledge that if it doesn't work that you'll have this to fall back on,not bad safety net of @28,080.00 per year!
    Do as your attorney wants you to do, you trusted him/her when you retained them; why change now?



    A site to research:

    http://www.wcb.state.ny.us/content/m...rs/Workers.jsp

    Wage Expectancy:
    (WCB) A decision element assigning an artificial wage rate to a young claimant, based on the authority of WCL .14(5).


    If the issue of wage expectancy [WCL 14(5)] has been raised by the claimant, but has not been decided by the Board, a 32 waiver agreement settling the claim should specifically address the issue, so that it is clear to the Board that the issue was considered by the parties when negotiating the agreement.

    Since the claimant was under 25 at the time of injury and has been determined to have a permanent disability, he is eligible for wage expectancy consideration under WCL.14 (5).

  6. #6
    Join Date
    Nov 2009
    Location
    new york
    Posts
    4

    Default Re: Should I Settle My Workers Comp Case

    what?? do you really think they are going to pay me $540(i think 540 is myaverge weekly wage) a week for life?they only paying me a temporary rate right now and it's only $131 a week.ever time i call my lawyer and tell her i wanna settle she tells me to wait and that i havent been classified yet.she said once i've been classified that the awards will be adjusted to effect the proper rates of $540.but this is what i dont get they made me sign this sitpulations agreement saying i have a 40% permanet partial disability.so why would they agree to that but i havent been classified?she said my case falls under the new medical guidelines and they havent came out yet....oh yeah is 40% permanet partial disability bad or god for a back should i worry about it in the future....i'm still young and it''s been 3years i just wanna move on with life

  7. #7
    Join Date
    Apr 2008
    Location
    Queens, NY
    Posts
    214

    Default Re: Should I Settle My Workers Comp Case

    Well, the new rules don't go for life, they're capped, I think 10 years (thank Spitzer the whore lover for that). There is lifetime payments if you were hurt before 3/2006 (I think) but then you'll have the IC breathing down your neck and you'll constantly have to watch your back! You are still expected to find work, unless you are TPD. T ome it prettty much means they've given up and have no evidence against you and admit total liability.

  8. #8
    Join Date
    Sep 2009
    Posts
    39

    Default Re: Should I Settle My Workers Comp Case

    There is no cap on cases before 3/13/07. For cases after 3/13/07 there are still ways around the caps to get lifetime benefits.

  9. #9
    Join Date
    Nov 2009
    Location
    new york
    Posts
    4

    Default Re: Should I Settle My Workers Comp Case

    so i guess that why my lawyer is telling me to wait then because i'm at the point where i just wanna get this over so i can live my life.now i cant even go to the store without a p.i. watching ever move i make.when i step out the house and look down the block he's just sitting in his car.plus i wanna find a job cuz i cant live off that temporary rate of 131.ever time i ask the lawyer her line is dont worry thats just your temporary rate but i dont think i can wait any longer for a permanent rate.when i sign that sitpulations agreement saying i had 40% permanet partial disability i was thinking that was my classification.i dont know i trust my lawyer i think i'm just going to do as she say but it's taken a toll on me sitting in the house everyday for the past 3 years.

  10. #10
    Join Date
    Mar 2009
    Posts
    63

    Default Re: Should I Settle My Workers Comp Case

    Can you elaborate in regards to circumventing the cap please?

    Quote Quoting wcatny View Post
    There is no cap on cases before 3/13/07. For cases after 3/13/07 there are still ways around the caps to get lifetime benefits.

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