question permanant partial in ny state

[timm90]

ok someone i know told me he is getting a check for life because he cannot do the kind of work he did ever again he has to get a light type of job but will never ever make the money he made before he is allowed to make up to 250 a week and the comp check will supplement is this true does he really get a check for life he said he allso has medical for life he is classified as permanant partial dissabled anyone know more about this he lives in ny

[Booann]

Tim he's confusing Social Security with Worker Comp
What he's talking about is he's on Social Security Disability

[Wink]

I don't know, Booann...to me, it sounds like he was finally awarded PPD checks from Workers' Comp and awarded Future Medical from same.

[Tbackpain1]

My case is in NY. I am classified 25% PPD, I recieve bi-weekly checks to supplement my lost income. The medical is still open, as I need medical care on a continual basis, and there's 100% that I'll need surgery in the future.

What they did is based the avg yearly salary for my field, figured out 25% and awarded me that for the rest of my life. I can seek other work, and will continue to recieve my check, as long as my salary from the new job does not exceed "x" amount that was stated in the settlement. Once it reaches that "x" amount, we'll go before a judge and get it re-set for another amount, or it will be cancelled, depending on the salary of the new job.

T.

[caudaequinasyndrome]

yes its true.
if you are unable to do your previous work due to your injury, you can return to work in another field and receive reduced earnings if you are earning less
the max you can collect in nys on wc is 400 a week.

it also depends on how high his average weekly wage was at the time of the injury. that figure will dictate how much he will receive in reduced earnings.
the open medical is only for the wc injury

[Booann]

Wink you might be right I havent gotten that far in w/c but soon will be
I know my husband is on SSD and is allow to work X amount without losing it pre month but hes to ill to do it..so its kinda sounded like that to me.
I will find out more about the world of PPD when I go for my hearing at the end of the month

[timm90]

yes you are right he does get permanant partial for the rest of his life its an award he settled on , its not social security, he can find a job but not one that pays him the kind of money he is use to making, and believe it or not they sent him a section 32 where to see if he would like to settle for 85,000
he told the lawyer he does not want to settle and he wants to just continue getting his checks for life, 85,000 only covers the next 6 years of his life, so why would he want to settle he is only in his 40s does any one know if the check for life stops at 65 retirement age or does it continue for the rest of his life and why would they try to give 85, 000 is this you think just to get rid of him i guess they try to get rid of the old cases as too much paper work , i know the lawyer says they try to do that once in a while , throw you a number that looks good to grab, question if he ever did decide to take a good offer in the future would they give him one lump sum thanks guys for responding

[Shown]

Our HAVAC guy at work said the same about his daughter, said they WC said it would be cheaper to pay her weekly checks then a lump sum settlement. And as far as Insurance for Life, they awarded my husband the same thing last week, they stated also that he was permanently disable, however he was just gonna receive 27 weeks of pay.
Shown

[caudaequinasyndrome]

if you are classified as ppd or ptd in ny state wc continues payment until death not until 65,
both parties have to agree to settlement ( sec 32) i think it is pretty common for a insurance company to only offer 6 to 8 years payment for a wc settlement. injured party is iunder no obligation to settle ..ever
when you settle the medical usually stops

[graymatters]

People complain about the cap, $400 a week on WC in NY, but you can collect checks for the rest of your life in NY and have open medical. That is not the case in other states so I guess it balances out.

[timm90]

ok i have another question say you did get a check for life what happens if the comp ins company went bankcrupt ,that means you are screwed and you loose the checks for life , i mean you never know right things happen as years go by, and why would it be cheaperto get paid bi weekly then take a lump sum award, andif you did take a lump sum do they give you a lump sum ck, its good to know , this info and yonkersboy do you come from yonkers ny

[graymatters]

Hi timm90
I'm a Yonkers girl..lol too are you from that lovely city?
There is a fund in case they go bankrupt, then the state takes over your case, I believe.
Happened to someone I know. Their comp checks come from the state instead of an insurance carrier.

[timm90]

Hi timm90
I'm a Yonkers girl..lol too are you from that lovely city?
There is a fund in case they go bankrupt, then the state takes over your case, I believe.
Happened to someone I know. Their comp checks come from the state instead of an insurance carrier.

yes i am from yonkers , maybe we know one another : :D

[Dabbadoo7]

If this amount is supposed to be for life, which rarely happens in any state, it sounds extremely high for a partial disability. I think I would take the stance of a Missourian, and say "show me". I don't think he gets that much.

I also think that many people need to realize that even if a state law says "for life" or "open medical for life", it is very, very rare that an award of that nature is made, unless in extreme circumstances. Unless there is an substancial effect on the body, such as a loss of limb, a judge just isn't going to make such an award. It doesn't make sense.

Everyone's best approach to what you should get as any kind of award should be based on your own physical disability, and not on what you may hear that others got. No one wants others to think that they didn't get what they demanded. Unfortunately, once again from experience, I can attest to the fact that the system doesn't work that way.

Dabbadoo

[zoonooz]

FYI:
All california permanent impairment cases get a lifetime medical award unless the worker accepts a buyout. Also California employers pay the second highest WC rates in the nation and it has the highest WC litigation. They are probably all related.
Each state has Guarentee Fund that protects carriers and self-insured employers from insolvencies.

[caudaequinasyndrome]

the nys wc 400 limit hasn't been adjusted in over twenty years.
problem is in the metro ny area many workers routinely make over 70,000 plus , the 22,000 yearly max wc payments with the inability to pursue a lawsuit if there was sustainable negligence, gross violations of OSHA regs on their employers part is rough, lots of scaffolding injuries and cave ins in nyc area that catastrophic injure or kill employees.

[caudaequinasyndrome]

yep i am from yonkers..:D
wow lot of yonkers people here.
actually the best place to find out about nys wc is on
http://community.lawyers.com/messageboards/list.asp
there are wc lawyer that will answer your questions .
and in ny state if yo get classified and unable to work or work at reduced earnings, the award is till you die, this has been been fought out in court quite a few times when the ic tried to stop payments at retirement age.
the thing people have to realize is wc is different state by state.
if your state is listed the findlaw message boards you can get some really good knowledge of your state laws

[graymatters]

Dabbadoo
NY WC payments can be for life with open medical so showing you is not hard.
Every state is different. NY does not include payment of COBRA after injury and termination. Other states WC pay that. It all works out in the wash

Yonkersguy..saunders 77 ..but bet I am older than you!
DD worked in construction all his like, Ironworker/Lather so know about those wonderful construction accidents.
My WC case involves OSHA and Bd of Health violations soon to go before judge for personal injury settlement? Very complicated with Malpractice as well.

[zoonooz]

For more information on New York state comp system see their website.
http://www.wcb.state.ny.us/index.htm

[backless]

Hello all,I have been trying to find some info for someone in NY,regarding W/c. The websites are to hard to understand. I had also posted my own question in a topic ,but ,I'll try here too.Bottom line is ,I got a friend in NY,has a W/C case.Shoulder,knee,depression.He claims his Dr. said he's totally disabled,he believes the 400 a week he gets now will continue for life as long as HE doesn't want to settle and close the case and has DR's to agree on his ailments.To me ,it dont make sense.Between me and you,he has probs.surely but to get 400 a week from w/c for life I cant see it.In Fl. you get 104 weeks,thats it.I know states have own law.Wouldnt there be a review every so many yrs.And Dabaddo,posted this " also think that many people need to realize that even if a state law says "for life" or "open medical for life", it is very, very rare that an award of that nature is made, unless in extreme circumstances. Unless there is an substancial effect on the body, such as a loss of limb, a judge just isn't going to make such an award. It doesn't make sense.

So is it a judge that decides on what you get,your Drs. or what.I'm confused as heck

[zoonooz]

Yes a judge or commissioner.
Under most states work comp laws especially those administered directly by an employer or carrier, final benefits have to be signed off by a state or legal official. The disability amount has to be supported by medical evidence e.g. doctors rating or restrictions.
Most states have time limits and wouldn't review older claims.
Unless Dabbadoo7 has detailed knowledge of many states laws he really can't compare them. If you just take a part of one states laws and try to fit it in what you understand in your state it won't make sense. You have to set how the whole set of a state's comp rules work together in order for it to make sense --- which is verydifficult to do.

[rabidcoyote]

especially when the state keeps changing how the
wc laws are written. missouri just changed their laws again last aug/2005 for the good of the meployer once again......said it protects the work industries from fraud, but have a personal injury case here and boom!! you can shoot for the moon and win. makes a lot of sense dosn't it? lmao......:eek: