I had back surgery due to a work related injury. What is a reasonable amount to settle for? I've been out of work since Sept. 8, 2010. and no one wants to hire me because of my surgery.
Answer
You are looking at your case in the wrong way. In a workers compensation case what matters most is whether or not your case has permanency. Usually, it takes two (2) years of being out of work before the Law Judge would approve any settlement that a carrier proposes.
The amount of the settlement has to do with a) your age b) your AWW c) the seriousness of your injuries d) what the defendant's IME consultant believes that your degree of disability is e) what your doctor believes your degree of disability is and your chances for going back to work and f) whether or not you have SSD (which will entitle the government to demand a hefty medicare set aside and decrease your settlement) . Typically, a Section 32 settlement in NY is your workers compensation weekly rate times a certain # of years.
However, every case and situation is difference.
If you would like to discuss this matter more with me, please contact my office.
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