Legal Question in Workers Comp in New York
Compensation settlement
By brother was badly burned while on the job, 3rd degree burns on hands, face legs, and stomach due to an electric fire casued by a fault circuit breaker. Laws suits against manufacturer of fault part is in process. He was on the Job working as an electricial -- He was in the hospital 3 1/2 weeks the incident happen in DEC 2003. He still can not use is hands to work. Now his lawyer says compnsation wants to settle 120,000 but they want 80,000 back. He does not understand this. He probably will not be able to work again. Does this sound fair ?? and how does this settlement affect any other law suit. He was also told he would need to get his own health insurance. He is really confused. Any help would be appreciated. Thanks
1 Answer from Attorneys
Re: Compensation settlement
Your brother is being offered a "Section 32" settlement which represents a pay-out of approximately 6 years of his benefits payable at once. He would get 120K - 15% (attorney's fees) should he accept. However after the settlement his Workers Comp benefits are gone for good which means he would be responsible for all medical treatment. Additionally, the insurance company has a lien on the proceeds of the lawsuit b/c the law is written to prevent a "double recovery." The result is that when he receives $$$ from his lawsuit he is responsible to pay back 2/3 of the money which he has received from Workers Comp. If you have further questions regarding this matter feel free to call me at (718)WORKERS or (212)977-7033. Good luck!
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