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How long does the insurance company have to respond to a settlement offer section 32 for a workers comp injury
Anonymous4 views3 answers
my attorney sent the insurance carrier a demand letter in december of 2010 and a demand letter this may to settle my workers comp case but the ins. company won't respond i have been receiving temporary payments for 2 yrs now and haven't been classified, can i ask for a hearing to make the insurance company settle, is it true that in nys the carrier must offer you the option to settle after 2 years.
The insurance company is not obligated at all. You are not "entitled" to a settlement. They will consider it if its in THEIR best interest to get rid of you. If they they think they can rid of you some cheaper way, they will want to try that first. You really had better sit tight. You are getting a good rate. You don't want a hearing and you don't want to be classified. You only need a hearing if the insurance company wants to CUT your benefits. In your case from what you described you should keep a low profile and discuss with your claimant the extent of your obligation to "look for some kind of work" within your remaining abilities so the carrier doesnt cut you off on your failure to remain attached to the labor market. SPEAK to your own lawyer.
Jerry Anthony GambinoWorkers' Compensation LawyerBuffalo, NY ·
Many injured claimants are frustrated by the delay of the insurance carrier to respond to settlement proposals. But there does not appear to be anything that you could do to force the carrier to settle. And no, the carrier is not obligated to offer a settlement within 2 years.
Dear Madam or Sir:
You want to postpone "classification" since your case will face a "Cap" on future benefits starting from classification. At that point, the Carrier may have a deadline to make you an offer, particularly if they face a forced large cash deposit into the Aggregate Trust Fund.
Self Insured Employers and the State Insurance Fund do not have to make such deposits.
I am assuming you have an attorney; trust him.
Leonard Feld
