What a settlement can close
In New York, a workers' compensation claim can be resolved by a written agreement that the Workers' Compensation Board must approve before it takes effect. Some agreements close only future cash benefits and leave medical care open; others close medical treatment as well, which shifts future costs onto you or your health insurance. That difference is often the most important term in the document. If you receive Medicare or expect to soon, Medicare's interest in future medical costs may need to be addressed. Once approved, a settlement is generally final, so the claim usually cannot be reopened later if your condition worsens.
Information to have in hand
Before weighing an offer, it helps to know your current medical status, your doctors' views on future treatment, and what you have been receiving in weekly benefits. Bring the most recent Board decisions, any classification of permanent disability, and records of payments to date. If you have a third-party lawsuit, such as a claim against a contractor or a product maker, the compensation insurer usually has a lien on that recovery, and the two cases need to be resolved with each other in mind. Social Security disability benefits can interact with a settlement too, and the agreement's wording can affect that.
Questions we work through with you
We look at whether the offer reflects the realistic value of the benefits you would be giving up, including medical care. We check whether the agreement waives rights you did not intend to waive, or asks for more than the compensation claim itself. Some settlements come with a request that you resign, and that should be a deliberate choice rather than a surprise term. Attorney fees in New York compensation cases are subject to the Board's approval. Workers can settle without a lawyer, but the Board's review is not a substitute for advice about whether the deal suits you. Our role is to make sure you understand the trade before you accept it.
