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  1. #1
    Join Date
    May 2019
    Posts
    2

    Default Amount Section 32 Settlement

    2004 injury (lifetime benefits). 2 back surgeries 2015. Permanent Partial at 75%. I have 400 dollar weekly payments. I'm 60 years old. Looking to settle via section 32. All IME's were very favorable to me. What can I expect for an offer from carrier (former NYS employee) while also keeping future medical covered by carrier.
    Thanks for your time,
    UncleLou

  2. #2
    Join Date
    Oct 1971
    Posts
    4,994

    Default Re: Amount Section 32 Settlement

    They'll settle for no more than five years of benefits max - they'll start out offering much less, especially with open medical.
    You better lawyer up at this point to get the best deal, they know you're clueless and will take full advantage of it.
    Consult a lawyer before proceeding further - For the cost of a lawyer you'll be money ahead, protect your rights and save your sanity.

    Nonscheduled Awards
    If you have a permanent disability to your spine, head, organs, or another part of the body not listed on the schedule, you may receive permanent partial disability benefits. The amount of the payments will be two-thirds of the difference between your pre-injury average weekly wage and your current earning capacity (as determined based on your specific disability and state guidelines). The number of weeks you’ll receive these benefits will depend on the percentage of your lost earning capacity, according to a formula in New York law. For example, you’ll receive 500 weeks’ worth of benefits if you’ve lost 91% of your earning capacity, while a 15% loss of earning capacity will result in 225 weeks of benefits.
    https://www.nolo.com/legal-encyclope...-new-york.html

    New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity
    http://www.wcb.ny.gov/content/main/h...rmentGuide.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    May 2019
    Posts
    2

    Default Re: Amount Section 32 Settlement

    its a 2004 accident which equates to lifetime benefits. 400 weekly equals 20800.00 yearly. My life expectancy is 81 (21 more years). I am looking for a settlement to pay off children's student loans before an unfortunate accident fells me.

  4. #4
    Join Date
    Oct 1971
    Posts
    4,994

    Default Re: Amount Section 32 Settlement

    The carrier will settle for no more than five years, otherwise they'll pay the claim out in payments and hope you have an early death.
    Be aware - the carrier doesn't have to settle, you're negotiating from the weaker position - you need a lawyer or they'll take advantage of you.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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