Section 32 Workers Comp
Under section 32 of the new york state workers compensation law claimants and insurance carriers may opt to negotiate and settle claims before the board.
Section 32 workers comp. This is most often done by setting up a medicare set aside account msa out of the proceeds of the section 32 waiver agreement which will be used to pay for future medical treatment for your workers compensation injury. However in a small number of cases workers receive periodic payments over time instead for example every week month or year. When settling a workers compensation claim the parties must take into account medicare s interests.
Most schedule 32 settlements are paid in a lump sum. A carrier is typically an insurance company however the carrier can also be a third party or a self insured employer. Because a section 32 settlement is a negotiated agreement between the injured person and the insurance carrier paying the benefits you and your workers comp attorney if you have one will have the opportunity to discuss the terms and try to get the best agreement for you.
A section 32 agreement is an optional waiver agreement between a claimant receiving workers compensation benefits and a carrier paying workers compensation benefits. Before making the final decision to settle medical benefits with a section 32 waiver agreement it is suggested that the injured worker talk to their. While section 32 settlements usually involve full and final settlement of all outstanding issues including lost wage and medical claims it is possible to settle only a portion of one s.
However the section 32 settlement process must be properly navigated to ensure injured workers receive the compensation they may be entitled to as well as protect.