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

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  1. #1
    Join Date
    May 2012
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    4

    Exclamation Do You Have to Pay Workers Comp Back

    I have a case against my former employer coming to an end soon, which is separate from my Workmans Comp case, which I have now been receiving benefits for about 5years.

    I have to make a decision to settle or go to trail, on this related case against the employer.
    Will any settlement or awards granted me be required to reimbursed New York Workmans Comp/NYSIF?

  2. #2
    Join Date
    May 2010
    Posts
    359

    Default Re: Do You Have to Pay Workers Comp Back

    Quote Quoting W2VQY View Post
    I have a case against my former employer coming to an end soon, which is separate from my Workmans Comp case, which I have now been receiving benefits for about 5years.

    I have to make a decision to settle or go to trail, on this related case against the employer.
    Will any settlement or awards granted me be required to reimbursed New York Workmans Comp/NYSIF?
    As far as Ive been told YES.....Thats all part of the calculation for settlement and continued lose wages... Im 5 1/2+ years no end in sight.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Do You Have to Pay Workers Comp Back

    I have to make a decision to settle or go to trail, on this related case against the employer.
    Will any settlement or awards granted me be required to reimbursed New York Workmans Comp/NYSIF?
    Based on that limited info... can't tell yes/no.
    You should be discussing this with your attorney... if you don't have one... GET ONE before you make ANY decisions.
    Message boards are not a good substitute to legal advice.

  4. #4
    Join Date
    May 2012
    Posts
    4

    Default Re: Do You Have to Pay Workers Comp Back

    I have asked, both my workmans comp attorney and the attorney that I am suing the employer with and neither seem to be willing to give me a answer. They seem to be pointing the figure at each other who would know the answer. I am frustrated at the least.

  5. #5
    Join Date
    Oct 1971
    Posts
    3,511

    Default Re: Do You Have to Pay Workers Comp Back

    Quote Quoting W2VQY View Post
    I have a case against my former employer coming to an end soon, which is separate from my Workmans Comp case, which I have now been receiving benefits for about 5years.

    I have to make a decision to settle or go to trail, on this related case against the employer.
    Will any settlement or awards granted me be required to reimbursed New York Workmans Comp/NYSIF?
    If you win a third party action, for the same work related injury you are collecting comp, the carrier would have subrogation rights.
    The only part of your action that would be exempt, would be money for pain and suffering.
    I would say, yes, the carrier will file a lien against your settlement.
    You can't collect wage loss and medical from two sources for the same injury, that's called "double dipping"

    Tony
    Last edited by tony; 05-16-2012 at 09:58 AM.
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  6. #6
    Join Date
    Feb 2007
    Location
    Calif
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    Default Re: Do You Have to Pay Workers Comp Back

    Quote Quoting W2VQY View Post
    I have asked, both my workmans comp attorney and the attorney that I am suing the employer with and neither seem to be willing to give me a answer. They seem to be pointing the figure at each other who would know the answer. I am frustrated at the least.
    The info that's missing here is... What are you suing your employer for?
    WC is no fault...you don't have to prove you were injured, the ER doesn't have to prove negligence...so what is the suit over?

  7. #7
    Join Date
    Jul 2010
    Posts
    150

    Default Re: Do You Have to Pay Workers Comp Back

    Like other posters have said your lawyers are the best to answer this. If you need direct answers ask direct questions. I can say that from what I have read and lawyers I have spoke with it is true that a WC lien can be placed on any money award you may get. But........like with everything there are exceptions. I know for a fact that as part of a WC claim settlement your lawyer could structure the settlement so the your ER must waive some or all of the repayment of the comp. claim in regards to future third party lawsuits. It can be difficult and complicated with no promise of the possible outcomes which is why a good lawyer will not make you a bunch or promises they can't be sure of. Good luck.

  8. #8
    Join Date
    May 2012
    Posts
    4

    Default Re: Do You Have to Pay Workers Comp Back

    The suit is for disability discrimination and wages lost. A reasonable restriction by the MD was given and employer flatly rejected it. Nothing was offered, other than to apply for new position (at starting pay) within the company. I was 20 year tenured employee in good standing.
    Last edited by W2VQY; 05-17-2012 at 12:05 PM.

  9. #9
    Join Date
    May 2012
    Posts
    4

    Default Re: Do You Have to Pay Workers Comp Back

    Quote Quoting W2VQY View Post
    The suit is for disability discrimination and wages lost. A reasonable restriction by the MD was given and employer flatly rejected it. Nothing was offered, other than to apply for new position (at starting pay) within the company. I was 20 year tenured employee in good standing.
    The way I understand it. All income I have received during the 5 years will be totaled and then subtracted from what my 5 years at my former salary would have been. The difference will be what we are suing for. So I do not see why I would have to pay it back.

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