10:11 I got a 7% whole person impairment for cervical raduicpathy. Been out of work for over a year. Seems like a low rating. I go to deposition in a couple weeks. My lawyer doesn't tell me anything except we will talk later. Tired of the whole mess!!!!
What if the doctor/surgeon says you need surgery, but the attorney states you can use your own private insurance to pay for the surgery after a final settlement is final
Great question. There is a lot of gray area there and I need a lot more information to help you out. Has your case been established? Is the site of injury that needs surgery established? There are a lot of variables here. I would certainly have a sit down with my attorney and make sure that you understand exactly what is going on so that you can comfortably settle your case.
@@workerscompnewyork the injury was to the neck area, had a previous acdf surgery in 2014 and it was reinjuried by a beam falling on my head, i have been out of work for close to 2 years treating with several ortho doctors they said I need surgery a 3 level acdf the employers insurance company and the attorney and I are about to settle for under $200000 of course section 32 with the msa not sure if surgery on the table and not yet approved is an issue before settling the surgeon states I may have lifetime issues. And I also have a personal injury case I'm waiting to hear back from my own health insurance if they can or cannot cover the surgery which I have been told to go through
Hi my case is in NY. I was injured a year and a half ago. I got hurt in the hospital, where im employed, as a nurse. Lawyer brought up a possible settlement. I have what has been described as a "traumatic foot injury". How is the monetary value of my case established? Please advise.
If comp offers a settlement first, and I take it but also have a 3rd party case as well what percentage of 3rd party settlement does workers comp take back in the section 29? Is it all indemnity payments along with all medical is it a percentage of those two items? Does it also take back the initial settlement as well thanks love your content!
The quick and general answer is that they get to recover approximately 2/3 of all expenditures. This includes medical and indemnity benefits that they have paid out on your case. However, the more specific answer is that they have to reduce their overall lien, which is the amount of money they’ve paid out in your case by the “cost of litigation“. This is the percentage that it cost you to prosecute your third-party claim. This is generally attorneys fees plus expenses. You should consult with both of your attorneys to make sure that the result is favorable as this lien can sometimes be negotiated.
I’ve been getting w/C disability for 8 years and now they want to do a deposit not sure why I still get injection and pain meds head neck back knee both wrist tpd 29% I just got ssdi with Medicare A&B
Is your case a New York State Worker’s Compensation case? Every state has its own set of rules and laws. If your claim is under New York State Worker’s Compensation jurisdiction, please give me a call at 212-406-8989 and I can go over your options.
@@workerscompnewyork No Florida I was just curious why they wait 8 years to do a deposition just think it’s crazy I don’t temper much and see doctor every other month for meds or injection
Wow! What a great question. The simple answer is that it just isn’t. Under the law there are schedule loss of use awards and non-schedule injuries. Non-schedule injuries include head, neck, back, core body and systemic conditions. Basically anything that is not listed on the schedule. If you look at the schedule, it contains extremity injuries, as well as a few other things. That is the quick and easy answer. For more editorial answer, if payments were made to everybody who suffered a back injury at work, the world would be a very different place. Many people have had back injuries and bad backs as a result of work accidents, and if all of them were paid in the same way as schedule injuries, the insurance companies will probably be out of business. It is also very difficult to quantify the extent of the permanent disability to a back or a neck, as compared to an arm or a leg. Range of motion of a shoulder can be easily tested, and there are certain considerations which are included. However, range of motion of the back is much different. This is a very general, and somewhat comedic answer to the question! If you have more questions, give me a call: 212-406-8989.
That is certainly a new one for me, I have never heard of that. In New York State sometimes in certain situations the insurance company may request as a precursor or condition of a settlement, that a person resign from their position. They may also have a resignation clause in a general release. However I’ve never seen this circumstance. Your state law governs the situation and circumstances under which a claim be filed. I can’t imagine that this is permissible, but it really is dependent upon your state law.
☎ For proper legal advice and analysis of your case, call to set up a free consultation at 212-406-8989 or contact me online at bit.ly/RexContact.
10:11 I got a 7% whole person impairment for cervical raduicpathy. Been out of work for over a year. Seems like a low rating. I go to deposition in a couple weeks. My lawyer doesn't tell me anything except we will talk later. Tired of the whole mess!!!!
Wish I find this video before I took my .
Very informative. Thank you.
Thanks ❤
Much appreciated.
What if the doctor/surgeon says you need surgery, but the attorney states you can use your own private insurance to pay for the surgery after a final settlement is final
Great question. There is a lot of gray area there and I need a lot more information to help you out. Has your case been established? Is the site of injury that needs surgery established? There are a lot of variables here. I would certainly have a sit down with my attorney and make sure that you understand exactly what is going on so that you can comfortably settle your case.
@@workerscompnewyork the injury was to the neck area, had a previous acdf surgery in 2014 and it was reinjuried by a beam falling on my head, i have been out of work for close to 2 years treating with several ortho doctors they said I need surgery a 3 level acdf the employers insurance company and the attorney and I are about to settle for under $200000 of course section 32 with the msa not sure if surgery on the table and not yet approved is an issue before settling the surgeon states I may have lifetime issues. And I also have a personal injury case I'm waiting to hear back from my own health insurance if they can or cannot cover the surgery which I have been told to go through
Hi my case is in NY. I was injured a year and a half ago. I got hurt in the hospital, where im employed, as a nurse. Lawyer brought up a possible settlement. I have what has been described as a "traumatic foot injury". How is the monetary value of my case established? Please advise.
How it affects you and current employment and future scope of work. A foot is important. But not the best for monetary reasons
🐐🐐🐐🐐🐐
If comp offers a settlement first, and I take it but also have a 3rd party case as well what percentage of 3rd party settlement does workers comp take back in the section 29? Is it all indemnity payments along with all medical is it a percentage of those two items? Does it also take back the initial settlement as well thanks love your content!
The quick and general answer is that they get to recover approximately 2/3 of all expenditures. This includes medical and indemnity benefits that they have paid out on your case. However, the more specific answer is that they have to reduce their overall lien, which is the amount of money they’ve paid out in your case by the “cost of litigation“. This is the percentage that it cost you to prosecute your third-party claim. This is generally attorneys fees plus expenses. You should consult with both of your attorneys to make sure that the result is favorable as this lien can sometimes be negotiated.
@@workerscompnewyork Excellent thanks for the quick response, hope your channel blows up 🙏
I’ve been getting w/C disability for 8 years and now they want to do a deposit not sure why I still get injection and pain meds head neck back knee both wrist tpd 29% I just got ssdi with Medicare A&B
Is your case a New York State Worker’s Compensation case? Every state has its own set of rules and laws. If your claim is under New York State Worker’s Compensation jurisdiction, please give me a call at 212-406-8989 and I can go over your options.
@@workerscompnewyork
No Florida I was just curious why they wait 8 years to do a deposition just think it’s crazy I don’t temper much and see doctor every other month for meds or injection
I got my rating at 79%
Ppd payments are 667 a week is that the end of my case or do still c and r or stip
Under NYS laws you might still be entitled to negotiate a settlement
After you back to work 100 percent can the employer fired you for any reason
Ofcourse
Hello. why isn't Back on the chart or SLU?
Wow! What a great question. The simple answer is that it just isn’t. Under the law there are schedule loss of use awards and non-schedule injuries. Non-schedule injuries include head, neck, back, core body and systemic conditions. Basically anything that is not listed on the schedule. If you look at the schedule, it contains extremity injuries, as well as a few other things. That is the quick and easy answer. For more editorial answer, if payments were made to everybody who suffered a back injury at work, the world would be a very different place. Many people have had back injuries and bad backs as a result of work accidents, and if all of them were paid in the same way as schedule injuries, the insurance companies will probably be out of business. It is also very difficult to quantify the extent of the permanent disability to a back or a neck, as compared to an arm or a leg. Range of motion of a shoulder can be easily tested, and there are certain considerations which are included. However, range of motion of the back is much different. This is a very general, and somewhat comedic answer to the question! If you have more questions, give me a call: 212-406-8989.
@@workerscompnewyork thank you for Elaborating..
What if an insurance company says I have to resign to start the settlement process?
That is certainly a new one for me, I have never heard of that. In New York State sometimes in certain situations the insurance company may request as a precursor or condition of a settlement, that a person resign from their position. They may also have a resignation clause in a general release. However I’ve never seen this circumstance. Your state law governs the situation and circumstances under which a claim be filed. I can’t imagine that this is permissible, but it really is dependent upon your state law.
@@workerscompnewyork thx and yes I'm in NY.