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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116827
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have just settled a 3rd party case but i won't receive

Customer Question

Hello i have just settled a 3rd party case but i won't receive settlement check for two months. i was also receiving WC checks for 8 years for the same accident I"m still receiving checks but the amount went from $400 a week to $137 why did this happen in NY thanks.
Submitted: 2 years ago.
Category: Legal
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
1) Were you a plaintiff in this case that you just settled?
2) What exactly are you asking here, i.e. what is your question?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
yes i was the plaintiff"Hello i have just settled a 3rd party case i was also receiving WC check for 8 years I"m still receiving checks but the amount went from $400 a week to $137 why did this happen in NY thanks"
Expert:  Ely replied 2 years ago.
Ah, thank you.
When you say "settled," did you mean you settled out of court, in a settlement type situation and signed an agreement? Correct?
Customer: replied 2 years ago.
yes pre trial settlement i was told i will receive check in 2 months but my wc checks went down from 400 to 137 wc had lien on settlement
Expert:  Ely replied 2 years ago.
Thank you. I believe that the situation here is what has happened to you. Please read the link, and reply and reply if you have any more questions.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
yes Ely i understand that part but my layers took money from settlement to cover the lien i was wondering why wc checks went down is wc case still open did they close it no one got paid yet so why did my wc check go down
Expert:  Ely replied 2 years ago.
I am sorry, but I cannot say without actually looking at the court documents. I am going to opt out of your question and open this up for other experts.
Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.
There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it. You also do not have to rate - you can save this for the expert that picks up.
My apologies for any inconvenience.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. Your previous expert has opted out. If you would like to continue, you need to obtain your settlement documents so we can read them to see why the WC payments decreased.
Customer: replied 2 years ago.
i don't have documents, i was asked by my 3rd party lawyer would i settle case for $amount i said yes he said it would take 2 months until i get check. i have a lien with wc money is put on the side for that but wc check went from 400 to 137 if no one got paid and wc case is still open i don't see why check amount went down sorry if i am not explaining it right
Customer: replied 2 years ago.
my wc lawyer has not got back to me thats why i'm here
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am afraid at this point, as you were already told, without seeing the documents we would only be guessing as to why the workers compensation amount was reduced and what is going on with that.