Section 32 Settlements of a Workers’ Compensation Claim
Under Section 32 of the New York workers’ compensation laws, an injured worker can enter into a settlement with his or her employer and the employer’s workers’ compensation insurance carrier. Instead of receiving weekly benefits for a specific period of time, the injured party will typically receive a lump sum payment. There are situations where that may be beneficial for an injured worker and other situations where it will not. You should always discuss the matter with an attorney.
Some reasons you may want to consider a settlement include your age or financial needs. If you are older and would typically receive a weekly award for a long period of time, it may be advantageous to pursue a settlement. However, when you enter into a Section 32 settlement, you customarily exchange the lump sum distribution for an agreement to relinquish any right to weekly benefits and medical treatment.
If you decide to seek a settlement, you’ll want your lawyer to negotiate with your employer’s workers’ compensation insurance carrier to get an award that meets your needs. Any agreement that you come to must be put in writing, must be signed by both parties, and must be approved by the workers’ compensation judge. A hearing will typically be scheduled so that the judge can be certain that the parties clearly understand what they are doing, and that there is no misrepresentation or coercion.
Experienced Workers Compensation Attorneys in New York
At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
To learn more about the full scope of our practice, see our practice area overview page.