What is a Section 32 settlement in New York workers’ comp?

New York Workers’ Compensation Law §32 allows injured workers and insurance carriers to settle a claim for a lump-sum payment. When both sides agree on an amount, the WCB reviews the deal to make sure it is fair before giving final approval.

A Section 32 settlement closes two things at once: your lost-wage benefits and, in most cases, your future medical treatment related to the injury. That is the trade-off. You get money now, but the insurance company no longer has to pay your doctors or weekly checks going forward.

The amount offered in a Section 32 depends on several factors: how severe your injury is, your remaining life expectancy, your AWW, whether you can return to work, and the strength of medical evidence in your file.

Before you sign, the WCB requires that you appear at a hearing — either in person or by video — where a judge confirms you understand what you are giving up. You also need an attorney to co-sign the agreement under WCB regulations.

There is no requirement to settle. You can keep your case open and receive ongoing weekly benefits and medical coverage as long as you remain eligible. Some workers are better off settling; others are better off keeping the case open. The right answer depends entirely on your specific medical and financial situation.

If the insurance company is pushing you to settle quickly, get an independent review first. A free consultation costs you nothing, and we only get paid if you win.