Eric M. Nass, Attorney at Law, PLLC

What is a Section 32 Waiver Agreement in an NY workers’ comp case?

2026-06-24T15:47:34Z

If you have an open workers' compensation claim in New York, the insurance carrier may eventually offer you a lump-sum payment to close your case. That offer typically takes the form of a Section 32 Waiver Agreement. Many injured workers accept these settlements without fully understanding what they give up in the process. Knowing how these agreements work puts you in a much stronger position to protect your financial future.

How a Section 32 settlement works

Before you can weigh whether to accept a settlement, it helps to understand what you are actually agreeing to. A Section 32 Waiver Agreement closes your workers' compensation claim through a one-time lump-sum payment under Section 32 of the New York Workers' Compensation Law. Rather than continuing to receive weekly wage replacement and ongoing medical coverage, you accept a single payment and the case ends there. The Workers' Compensation Board reviews and approves every agreement before it takes effect. Insurance carriers favor these settlements because a closed claim eliminates their long-term financial exposure. Understanding what you trade away matters just as much as understanding what you receive.

Weighing the advantages and the risks

Once you understand the structure of a Section 32 agreement, the next step is evaluating whether the trade-offs make sense for your situation. These agreements can offer real benefits for some injured workers. You gain immediate access to a lump sum, you close out an ongoing legal process and you take back more control over your own medical decisions. But the downsides carry serious weight:

You permanently give up your right to future medical benefits for the injury
You lose future wage replacement if your condition worsens
A settlement offer may fall well short of your actual long-term needs

Reversing these terms after the Board approves the agreement is extremely difficult, which makes this one of the more consequential decisions in a workers' compensation case. Insurance carriers negotiate these settlements regularly and they typically open with numbers that protect their bottom line first. Having legal guidance you can count on before responding to any settlement offer can make a meaningful difference in the outcome.

Staff shortages could put New York medical workers at risk

2026-01-24T18:38:48Z

Working in the healthcare sector is dangerous in the best of circumstances. Medical professionals, especially those working in busy New York hospitals, often see people at their worst. They face exposure to pathogens and dangerous substances. They work in close proximity to heavy equipment that can cause injuries and sharp objects that can transmit diseases. They often work long hours and they push their bodies to the breaking point to provide patient care. A lack of adequate staff at a medical facility can increase the risks faced by health care professionals. Strikes that have pulled roughly 15,000 nurses from private hospital floors across the state have only worsened the situation. What impact can understaffing have on hospital workers?

Inadequate physical support

Workers who do not have enough teammates on the schedule may have to handle dangerous tasks alone. They may try to lift the patient without support, increasing their risk of an overexertion injury. They may need to be alone in a room with a patient dealing with drug withdrawal symptoms or dementia who could become violent. Without other people on hand to be physically present while providing patient care, there are more opportunities for injuries.

Increased stress and demands

Workers trying to make up for understaffing may rush themselves from room to room or task to task, increasing their chances of a serious slip-and-fall incident. They may also make mistakes due to rushing, such as slipping and accidentally poking themselves with a used syringe. They are also at increased risk of mental fatigue, which can lead to decision-making errors that can injure them or their patients. The less time that workers have to rest, the more that stress and mental fatigue may compromise their health, safety and job performance. Thankfully, workers’ compensation protects healthcare employees. Injured medical professionals may be eligible for medical coverage for their care costs, as well as disability benefits to replace a portion of their lost wages after an injury on the job. They can even rely on workers’ compensation to provide them with rehabilitation services so that they can return to work. Injured medical professionals may need help filing a workers' compensation claim and ensuring that they receive the benefits they deserve. Hospital employees and other medical workers may need support from a legal professional. Contacting Eric M. Nass, Attorney at Law, PLLC by clicking here or calling 212-300-9880 can help injured medical professionals learn more.

Understanding Scaffold Law in New York: What It Means for Injured Construction Workers

2025-10-06T04:15:15Z

Construction sites are among the most dangerous workplaces in New York City. Workers often perform their duties at significant heights, relying on scaffolds, ladders, and other equipment for safety. When this equipment fails, the results can be catastrophic. Fortunately, New York has a specific law designed to protect these workers: Labor Law § 240, commonly known as the "Scaffold Law."

What is the Scaffold Law?

The Scaffold Law provides special protections for workers who are injured due to gravity-related accidents, such as falls from heights or being struck by a falling object. This law places absolute liability on property owners and general contractors, meaning they are held responsible for ensuring that safety equipment is properly constructed, placed, and operated to protect workers.

Unlike a standard negligence case, an injured worker does not need to prove that the owner or contractor was careless. If the required safety devices were absent or failed, and that failure led to an injury, the owner and contractor are legally responsible. This makes the Scaffold Law a powerful tool for injured workers seeking fair compensation.

How Does It Affect Your Injury Claim?

If you were injured in a fall from a ladder, scaffold, or other elevated platform, the Scaffold Law may apply to your case. It also covers incidents where you were hurt by tools, materials, or debris falling from above. This protection is critical because it ensures that the parties with the most control over job site safety are held accountable.

Because of this "absolute liability" standard, defenses that are common in other injury cases, like blaming the worker for being partially at fault, are generally not allowed. This significantly strengthens an injured worker's position when pursuing a claim for damages beyond what workers' compensation provides, including pain and suffering, full wage loss, and future medical expenses.

Protecting Your Rights After an Accident

Navigating the complexities of the Scaffold Law requires skill and experience. If you have suffered a height-related injury on a construction site, you need an advocate who understands how to build a strong case on your behalf.

At [nap_names id="FIRM-NAME-1"], I am dedicated to fighting for the rights of injured construction workers. I can help you understand your legal options and pursue the maximum compensation you deserve. Contact my office today at [nap_phone id="LOCAL-CT-NUMBER-1"] or complete the online form to schedule a free consultation.

How Long Does Workers’ Comp Last in New York?

2025-09-05T16:18:39Z

Workers’ compensation benefits provide vital support for injured workers in New York, but how long do those benefits last? The answer depends on the nature and severity of your injury, your ability to work, and a few other key factors. If you’re recovering from a work injury, here’s what you should know about how long benefits could continue.

What Affects the Duration of Workers’ Comp Benefits?

Several elements can impact how long you may receive benefits through New York’s workers’ compensation system:

Type and severity of injury
Whether you can return to work (and when)
How much your earnings have been affected
Type of workers’ compensation benefit awarded

Some workers may receive benefits for only a few weeks, while others, especially those with serious, life-altering injuries may qualify for ongoing support or a lump-sum settlement.

How Long Can Benefits Last?

The duration of your benefits is usually determined after you reach what’s called Maximum Medical Improvement (MMI). Once you reach MMI, a doctor or judge will evaluate your lasting impairment and assign a “loss of wage earning capacity” percentage. This is used to calculate how many weeks you’ll receive ongoing payments.

The length of time you can receive benefits based on the degree of your disability is as follows

Earning Capacity Loss	Duration of Benefits (in weeks)
Greater than 95%	525 weeks
91% – 95%	500 weeks
86% – 90%	475 weeks
81% – 85%	450 weeks
76% – 80%	425 weeks
71% – 75%	400 weeks
61% – 70%	375 weeks
51% – 60%	350 weeks
41% – 50%	300 weeks
31% – 40%	275 weeks
16% – 30%	250 weeks
Less than 15%	225 weeks

If you receive a permanent total disability, benefits can continue for life. Temporary disability benefits, on the other hand, end once you return to work or reach MMI.

Maximum Weekly Workers' Compensation Benefits

The amount you receive in weekly workers’ compensation checks depends on your average weekly wage (AWW) and the degree of your disability, up to a maximum set by New York State. Generally, the benefit is calculated as two-thirds of your AWW, multiplied by your percentage of disability. For example, if your AWW is $900 and you are found to be 100% disabled, your weekly benefit would be $600, unless it exceeds the state maximum.

From July 1, 2024, to June 30, 2025, the maximum weekly benefit is $1,171.46. For injuries occurring between July 1, 2025, and June 30, 2026, the maximum increases to $1,222.42. If your disability is partial, your weekly amount will be a proportion of this cap based on your determined disability percentage. These caps are updated annually, so verifying the current year's limit or consulting with an attorney is important.

Get the Answers You Need, Contact [nap_names id="FIRM-NAME-1"]

If you or a loved one was injured at work, [nap_names id="FIRM-NAME-1"] can help you understand your options and the timeline for your workers’ compensation benefits. Contact us today through our contact form or call [nap_phone id="LOCAL-CT-NUMBER-1"] for a free consultation.

We’ll answer your questions, explain your rights, and help you pursue the compensation you need to support your recovery.