Category: Settlement

Schedule Loss of Use / Settlement

A Claimant’s Prioritization Towards Settlement

From the inception of a workers’ compensation claim, it is moving towards its conclusion, be that classification, a schedule loss of use award, or a settlement. A defense attorney will be working to move the claim towards an ideal conclusion reducing the exposure of their client. A claimant, however, will have other, often unpredictable, goals to their workers’ compensation claim.

A claimant will, by nature, focus on only aspects of their workers’ compensation claim. While the system can provide a comprehensive variety of benefits, awards, …

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Connecticut / Settlement

Moratorium to all Moratoriums

Public Act No. 11-205 significantly impacts the way in which the Connecticut Worker’s Compensation Act (C.G.S. § 31-275 through 31-355b) is applied. Generally, under Connecticut’s Worker’s Compensation laws, when an employee is injured in a work related accident, he/she is entitled to worker’s compensation benefits for their injuries. The employer is required to pay both indemnity and medical benefits, in exchange for the employee’s right to sue. However, if the accident was caused by a third party, either the employer or the employee may bring …

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New York / Settlement

When is Late Payment of Settlement Monies Excused?

Once a penalty for late payment pursuant to an approved settlement agreement is assessed under N.Y. Workers’ Compensation Law § 25 (3) (f), it is automatic, mandatory, and self-executing. This means that virtually no excuse will get you out of paying the hefty fine of 20 percent of the overall settlement agreement and an additional $50 fine due to the state treasury.

An office error or clerical mistake will not be sufficient to reverse the penalty. For example, a carrier inadvertently sent a check to …

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