One of the first questions we often get from new or potential clients is whether they are entitled to a settlement after a workplace injury. The quick answer that they often get initially is, "maybe", because not every case results in a settlement under NYS Workers’ Compensation Law. A "settlement" or Section 32 Agreement, as it is known under NYS Workers' Compensation Law, is not a guaranteed outcome. This is not to say that it is not a common outcome, just that every case does not close with a Section 32 Agreement and in fact, there is no mechanism in the law that can force one of the parties to a case to settle.
What is a Section 32 Settlement?
A Section 32 Agreement is an agreement between an injured worker and an insurance carrier that can close some or all issues in a workers' compensation claim, typically involving lost wages and future medical treatment. The very first thing that must happen for a Section 32 Agreement to become viable is that the parties to the claim must agree on the terms of the settlement. As stated above, one party cannot force another party to settle a claim. Likewise, even a workers' compensation law judge cannot force the parties to close a claim with a Section 32 Agreement.
The decision for an injured worker to close up a workers' compensation claim depends on a number of complex factors. It also depends on the injured worker's level of comfort and understanding of these issues as to whether the decision to close either part of a case or the entire case is appropriate.
Oftentimes, insurance carriers try to settle cases very early on in the case. This happens for a variety of reasons, but the number one reason is for the insurance company to save money.
Settling a NYS workers' compensation claim is a very big decision that requires weighing a number of different factors. The decision should not be taken lightly as once the claim is closed with a Section 32 Agreement, it cannot be reopened to deal with any of the issues that have been closed in the agreement unless all the parties agree to open the claim again— which is extremely rare.
The workers' compensation attorneys at MCV Law are extremely experienced in evaluating cases for purposes of Section 32 Agreements and have developed a process and communication techniques to help injured workers understand these complex issues so that they can make an informed decision on what is best for them and their families.
A Workers’ Compensation Attorney Can Help With A Section 32 Settlement
If an insurance company offers you a "settlement" in your workers' compensation claim, give MCV Law a call to allow us to help you decide if it is right for you. New York Workers’ Compensation Law is changing all the time and our team has the knowledge and expertise necessary to successfully litigate even the most challenging claims. Contact our Workers’ Compensation team now for a free case evaluation.