A lump sum settlement is a negotiated and Board-approved agreement between a claimant with a permanent partial disability and the insurer(s). As a result of the agreement the claimant receives a sum of money which would represent the future compensation for his/her permanent partial disability, and your case is considered closed. Under WCL .15(5-b), granting of a settlement by the Board requires that (a) the right to compensation has been established and compensation has been paid for at least three months, (b) the continuance of disability and of future earning capacity cannot be ascertained with reasonable certainty, (c) there has been a physical examination of the claimant prior to approval, and (d) the Board considers the settlement
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What is a lump sum settlement?

 

A: A lump sum settlement is a negotiated and Board-approved agreement between a claimant with a permanent partial disability and the insurer(s). As a result of the agreement the claimant receives a sum of money which would represent the future compensation for his/her permanent partial disability, and your case is considered closed. Under WCL .15(5-b), granting of a settlement by the Board requires that (a) the right to compensation has been established and compensation has been paid for at least three months, (b) the continuance of disability and of future earning capacity cannot be ascertained with reasonable certainty, (c) there has been a physical examination of the claimant prior to approval, and (d) the Board considers the settlement "fair and in the best interest of the claimant." In practice, lump sum settlements are usually final, but the law provides for your case to reopen if the Board finds that there has been a change in your condition or degree of disability not contemplated at the time of the settlement.




                          
                                                                                                       
Frank J. Dito, Jr., Esq. a member of the "Multi-Million Dollar Advocates Forum", is an experienced trial attorney who represents injured individuals and their families. Frank is the author of "A Lawyers Guide to Car Insurance" , the publisher of the "New York Injury Law Blog" and he is a frequent speaker regarding the recovery of benefits and the preservation of rights resulting from accidents and work place injuries. If you or a family member has been injured in an accident or in the work place contact Frank J. Dito, Jr. to discuss your legal rights and how he assists clients in obtaining the benefits and compensation that they are entitled to.


IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Frank J. Dito, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Frank J. Dito, Esq.



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Decker, Decker, Dito & Internicola
1610 Richmond Road
Staten Island, NY 10304
Phone: 718.979.4300
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