Navigating the workers’ compensation settlement process in New York can be overwhelming, especially when you’re trying to recover from a workplace injury. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation attorneys in Staten Island understand that delays in the process can cause financial hardship and stress for injured workers. Over the past 30 years, we’ve helped thousands of workers in the greater NYC area get the benefits they need in a timely manner.
Thorough Documentation of Your Injury is Essential
Incomplete or inaccurate paperwork is one of the most common reasons workers’ compensation claims are delayed or denied. Avoiding these mistakes can help expedite your claim and make the workers’ compensation settlement process run more smoothly.
Our experienced Staten Island workers’ compensation lawyers ensure your initial claim is filed correctly and includes all required medical records and supporting documentation. We know how to efficiently gather all medical information and other evidence, such as photographs, video footage, and witness statements. We also promptly provide any additional documentation requested by the New York Workers’ Compensation or your employer’s insurance company.
Types of Workers’ Compensation Settlements in New York
There are two ways to settle your workers’ compensation claim in New York: with a stipulation agreement or a Section 32 settlement. Both types of settlements must be submitted to the Workers’ Compensation Board for approval.
What is a Stipulation Agreement?
In a stipulation agreement, the injured worker and insurance company agree on the amount of benefits that will be paid and how long they’ll receive them. This type of agreement can be altered in the future should circumstances change. Benefits are usually paid weekly.
What is a Section 32 Waiver Agreement in New York?
A Section 32 settlement enables injured workers and their employer or employer’s insurer to resolve a workers’ compensation claim with a lump-sum payment or structured settlement. You may settle just the lost wages portion of your claim and continue your medical benefits, or you can settle both the lost wages and medical benefits portions of your workers’ compensation claim. It’s vital to consult a workers’ compensation lawyer before considering a Section 32 settlement, as you waive your right to seek further benefits if you accept it.
Whether you enter into a stipulation agreement or a Section 32 waiver agreement, it must be reviewed and approved by the New York Workers’ Compensation Board (WCB). The amount of time it takes for your workers’ compensation case to be settled can vary widely.
A Workers’ Compensation Attorney Can Handle Insurance Company Negotiations
If your claim is approved and the insurance company offers you a workers’ compensation settlement, it can be tempting to accept the first offer quickly, especially if you’re worried about finances. However, settling too soon can be risky, as it may not cover all of your future medical needs or loss of income, especially if you’ve suffered a permanent disability.
Insurance companies are notorious for delaying workers’ compensation settlements and offering less than you deserve. They may dispute the severity of your injury, claim it isn’t work-related, and may request additional medical evaluations, which can drag out the process. If an insurer causes unnecessary delays or refuses to fairly settle your claim, your worker’s compensation attorney can request an expedited hearing before a workers’ compensation law judge and file appeals quickly if you receive a denial.
When Will My Workers’ Compensation Settlement Be Paid?
Cases involving complex injuries, occupational diseases, multiple workers’ compensation appeals, or third-party personal injury claims may take longer to settle. It also depends on whether you decide to accept a settlement before or after reaching Maximum Medical Improvement (MMI). It’s important to note that a settlement may be lower if you accept one before MMI because future treatment needs are uncertain. After MMI, a settlement should reflect the injury’s long-term effects on medical costs and your ability to work.
If the WCB finds an agreement fair and reasonable and approves it, all involved parties have 10 days to withdraw from it. The Board will then issue a formal decision to approve the agreement. The insurance company is required to pay your workers’ compensation settlement within 10 days of the formal decision and may face penalties if they fail to do so. This approval process can take anywhere from 30 to 90 days.
How Our Staten Island Workers’ Compensation Attorneys Can Help
At Nappa, Monterosso & Poznansky, LLP, our experienced and compassionate team has a proven record of success in helping workers in the greater New York City area. Our Staten Island workers’ compensation attorneys are familiar with insurance company tactics and negotiate aggressively on your behalf. Your workers’ compensation lawyer understands how to gather and present solid evidence, challenge their assertions, and push for a timely resolution of your workers’ compensation settlement.
We ensure that the settlement provides for all your needs, including medical costs, lost wages, and potential future expenses. If you’re considering filing a claim for Social Security Disability benefits as well, our dedicated attorneys can help you understand your options and advise you on the most effective course of action. Attorney and Partner Rolando Cubela is proud to serve our Spanish-speaking clients.
Contact Our Workers’ Compensation Lawyers in the Greater NYC Area
To find out more about how we can help expedite your workers’ compensation settlement in New York, call Nappa, Monterosso & Poznansky, LLP at 718-273-9000 or contact us to schedule a consultation today.
