New York | Workers Comp
Legal Question
Hi, I was injured at work in march of 07 and since i have had three back surgeriesresulting in pins and rods and a perm. pain pump implant, I am depressed and on medication for it. I also have bad muscle spasms and severe nerve damage in my legs that enables me to walk far distances, so i require a scooter, the doctors said i would be at least 75% disabled, is there any type of settlement offer that i may be entitled to and if si how much. thanks tom
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Legal Answer
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.
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Law Offices of Jason B. Kessler, P.C. 111 Church Street White Plains, NY 10601
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Legal Answer
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.
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Of Counsel, Sarisohn Law Partners 350 Veterans Memorial Highway Commack, NY 11725
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