New York  |  Workers Comp

I know that you are going through a difficult time and that you must be in a lot of pain. Unfortunately pain, suffering, and mental distress are not considered in your workers compensation settlement. It is simply your workers compensation rate multiplied by 5-7 years minus what social security takes out (which can be a lot). On the other hand, the comp carrier paid for your back surgeries, post operative care, your medications and paid for your weekly benefits.

If your injury resulted from the right kind of fall, you might be able to bypass the rules on Worker's Comp that Mr. Kessler stated. There are also other exceptions to the Worker's Comp rules. The rules were put in place so workers would have something to rely on for medical bills and some income. The trade-off was workers recv a fraction of what a similar injury would probably receive if tried in, or eligible for trial in (settlements) in a regular court.

I know someone in a similar situation that has three lawyers-one for comp, one for Social Sec Disability and one for a regular personal injury case. E-mail carol.ryder@ymail.com and I can point you in the right direction.