Can I settle my Compensation Case

Generally yes but;  the Workers’ Compensation Law prohibits any agreement to release a claimant’s rights under the New York State Workers’ Compensation Law ( WCL) unless approved by court order,  (i.e., a decision of the Workers’ Compensation Board.) Therefore,  any agreement concerning the nature and scope as well as benefits available or applicable emanating from a job related injury, occupational disease etc,  written or otherwise, between an employer or their insurance company and an individual worker whether disabled or not,  without formal acceptance through a written decision of the Workers’ Compensation Board is ineffective, illegal and can not be enforced. The Compensation Law permits settlements known as section 32 Agreements and Wisc settlements. These are formal agreements presented to the Workers’ Compensation Board (WCB) which when approved,  can become binding on all parties subject to the specific limitations and rules found in the law. Agreements entered into between individuals and their companies outside of the compensation law may be binding in other forums for example under the terms of a union negotiated benefit or a third party action but will not limit the workers’ rights and enforcement under the authority of the WCL until and unless it is approved by the WCB.

Eliot S. Levine & Associates
Attorneys at Law
1455 Veterans Highway
Hauppauge, New York  11749
Telephone: (631) 234-5484
Fax: (631) 234-5561

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