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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110473
Experience:  20+ Years of Employment Law Experience
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I need a second opinion. I have a worker's comp case in the

Customer Question

I need a second opinion. I have a worker's comp case in the state of New York. I have a scar and a partial permanent loss of function due to a work related injury. My present attorney said I do not get any additional compensation other then lost wages from work as result of increased pain.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Has anything been filed or reported?
Customer: This is an open case since 2013.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 14 days ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 14 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, for workers compensation you are not entitled to pain and suffering. You are entitled to only actual damages, such as permanent injury based on a permanent disability rating given by your doctor. There is no pain and suffering under W/C law in NY, so legally you are entitled to lost wages and payment for past and future medical care.
Customer: replied 14 days ago.
I know that I am not entitled to pain and suffering. Is my attorney correct when she says I can receive no additional compensation for my permanent injury. Is there a disability rating in the state of New York at which no compensation
can be awarded. Also, since my case is still open, should I elect to retire do I have future medical care for this injury for the rest of my life or is it advisable to settle the medical part of this case before I retire?
Customer: replied 14 days ago.
I am not able to talk live with you on the phone due to pharyngitis
Expert:  Law Educator, Esq. replied 14 days ago.
Thank you for your reply. I did not send a phone request, if you do not want it do not accept it and ignore it (I apologize it is something the site sends automatically without the expert's consent or knowledge).
No, there needs to be a permanent disability rating if you want compensation for a permanent disability. That has to do with your impairment level. Generally, it depends on the severity of your injury and level of impairment as to whether or not you settle without medical. Most cases settle with a lump sum included for future medical. Here is the NY manual regarding permanent impairment (
You need to get the doctor's disability rating though before you could possibly get some compensation based on your injury and that rating.

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