Will My Compensation to Date be Deducted from a Permanency Award?


I was hurt on the job in Oct 99. I have had surgery on my neck because I had 2 cervical fusions. It took the insurance company over a year to approve my surgery. I have been collecting wages from Oct 99 to present, though they have reduced my pay. I have collected about $42,000 since I have been out. My question is when I receive my permanency award will what I have been paid to date be deducted from my award?

–Diane, Rochester, NY


You have a severe, lifelong and permanently disabling injury. You have two cervical fusions which means limitations of motion and probably pain. You have screws and plates permanently affixed to your neck. Yet, you are going it alone? You have no lawyer to protect you?
You are from the great state of N.Y. The laws are fair. There are great Workers Compensation attorneys in N.Y. who will protect you. Yet, you apparently have decided to prosecute it yourself?
Is that smart? Are you looking out for your own interests?
If you have a lawyer, then he is in the best position to answer the question and I would defer to him. I am from IL, not N.Y.
In response to your question, if the commission awards you a certain number of weeks of pay as compensation for your disability, the arbitrator will likely give defendant a credit for weeks they have paid thus far. However, there are many variables here and an attorney must be consulted. Only a N.Y. attorney can advise you about N.Y. law. It would be improper and unethical for me to do so.
Protect yourself.