Legal Question in Workers Comp in New York

Worker's comp settlement

I am wondering what a comp settlement might be in New York State for, say, 25% loss of use in one arm due to faulty machinery. I have a personal law suit as well, but was wondering what an approximate figure I could expect if I took a lump sum settlement. I basically have some nerve damage, ongoing on and off pain/numbness, but I am able to perform (physically) almost like I did before. What do you think? What are the approximate amounts offered? Mutual of Omaha is the carrier I believe, and the employer is very large.


Asked on 9/10/08, 11:50 pm

2 Answers from Attorneys
Michael Stacy Law Offices of Michael P. Stacy

Re: Worker's comp settlement

A 25% loss of your arm is equal to 78 weeks of compensation benefits. That is payable at the total compensation rate which is the highest rate your were ever paid when you were "totally disabled." Out of that, they would subtract anything you were already paid and you would get the balance. Anything you get paid would be a "lien" against what you get paid out of your lawsuit and you may have to pay back some of that money if you also get a recovery from the lawsuit.

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Answered on 9/11/08, 12:26 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Worker's comp settlement

To find out your settlement take the figure 312 and multiply it by .25, then take that number and multiply it by your total compensation rate (not your AWW). Take that amount and multiply it by the amount you have been previously paid in compensation (call the carrier to find this out) and viola you will find out the amount of your settlement. If you have an attorney expect to take out 10-20 percent for the fee.

Best of luck!!!

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Answered on 9/11/08, 7:49 am


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