I was supposed to get 8% permanent disability benefits for my NY worker comp case, but I ended up with only 5%

Question

I was supposed to get 8% permanent disability benefits for my NY worker comp case, but I ended up with only 5%. Can anyone tell me if a NY workers comp adjuster can reduce my workers comp benefits like that?

Answer 1

There are ways that the NYS workers comp adjuster can REDUCE your settlement amounts, which can hurt you.

ONE method is “apportionment”. IF apportionment applies to your case, the NY workers comp adjuster ALREADY may know how much they can reduce your settlement, BEFORE THEY EVEN START PAYING ON YOUR CLAIM.

Suppose you had a prior injury to your leg while working in 1990, and you had surgery for your leg. Then in 2006, you hurt your same leg again at work. IF the WC insurance company can get your old medical records & find that you received a settlement for your old injury - the adjuster will "Apportion", or separate the percentage you received for your old injury and SUBTRACT that from your settlement for your new 2006 injury. In their example, if you would have been entitled to get $6,500, IF the adjuster “apportions” your prior injury, you could end up with ONLY $2,460.

There is a detailed explanation at http://www.NYSWorkerComp.GettingWorkersComp.com

Answer 2

1

Answer 3

Whatever your doctor says is your disability is usually adjusted downward, or the WC administrator has an independent doctor do one, and splits the difference in the ratings.

Answer 4

Did you hire a lawyer? If you did, they usually take 30%.