Section 32 Settlement Definition
A section 32 settlement is one in which the carrier offers you money in exchange for giving up your rights to further payments, further medical treatment, or to both payments and medical treatment.
A settlement for giving up your right to payments will mean you get money. For example, if you believe you are entitled to payments for the next year and the insurance carrier doesn’t believe you are entitled to anything, they may offer you an amount somewhere in between your expectation and theirs.
Evaluating a case for its monetary worth can be difficult. So many factors come into play. What are the opinions of the doctors? Who is the judge? What insurance company is responsible, as some pay more than others? How long will the settlement take? Do other cases affect the settlement? What happens if an agreement can’t be reached?
Evaluating a case for medical settlements can be even more difficult. In most countries, medical treatment is a right. In workers’ compensation, carriers may be asking you to give up your right to treatment for conditions that may worsen and for which you may be unable to find treatment options in the future. Usually, this means rolling the dice on your health. If you get better down the road, the insurance company has given you money. You win. If you get worse, if you can find another insurance to pay, you may be safe. But, if you can’t find an insurance company to pay for future health issues, you may have to go without necessary medical care.
No one has done any studies following up on what happens years down the road to workers who have given up their rights. This is an area fraught with danger. In some instances, such as with Medicare, arrangements can be made ahead of the settlement to try to protect future medical rights. But, section 32 agreements can be complex.
Contact an Experienced New York Worker’s Comp Lawyer
If you are seeking a trusted and skilled New York workers comp attorney, contact the Law Office of Robert A. Koenigsberg at (212) 964-9292 or fill out an online contact form to schedule a free consultation. The Attorneys of Robert A. Koensigsberg have been fighting for the injured rights since 1996. The Office is located at 305 Broadway, Suite 800 New York, NY.