SECTION 32 SETTLEMENTS (OR SIMPLY SETTLEMENTS)

Section 32 is one of the most complicated parts of the WC system in New York. There are a lot of types of agreements in the Workers’ Compensation system, but only under Section 32

does the injured worker waive his or her right to ever reopen the case. There are two types of Section 32 settlements: indemnity-only and full and final.

• Indemnity only: Forever give up biweekly checks from this case in exchange for one lump sum of money. Medical treatment going forward, however, remains the responsibility of the employer/insurance carrier.

• Full and final: Forever give up both the right to collect money and medical treatment from this case in exchange for a lump sum or a “structure.” This type of settlement often requires what is called a “Medicare Setaside,” which can delay finalizing the settlement for many months.

1. http://mydisabilityatty.com