The law firm of Vincent Criscuolo & Associates represents clients in workers' compensation claims throughout New York, and they boast experienced workers' compensation attorneys and disability lawyers. Their firm has secured countless verdicts for clients and is the firm to trust when facing any workers' comp situation. Among frequent confusion in workers’ compensation claims is the fact that when it comes to this area of law, the difference in award and settlement is not only a definitive one but a legal one as well.

A Section 32 settlement refers to an agreement that is reached by the parties in a workers’ compensation case. The settlement is reached when the employee, their employer and the employer’s insurance company reach an agreement about what to offer an injured employee. Furthermore, a settlement is a legally binding contract that may prohibit, by contract or by law, the employee from seeking any other remedies for their injuries from the employer and their insurer. In layman’s terms, once a settlement has been accepted by the employee, they are traditionally barred from seeking additional compensation for the same injuries.

An award, rather, is a benefit granted to an employee by the workers’ compensation court. It’s very different from a settlement because the judge ordered, or the insurer admitted, that the employee is entitled to workers’ comp benefits. Because a workers’ compensation judge is a neutral adjudicator in your matter, an award will be based on your medical condition and other injury specifics, and this compensation will not depend on your signing away rights to—potentially—further benefits.

Because of the distinctions between the two legal mechanisms, it’s vitally important that your injuries and workers’ compensation claim is discussed with a trustworthy and experienced workers’ compensation lawyer. For example, there is a risk in accepting a settlement that any future medical costs will not be covered by the insurer, so you may not want to waive your rights with a settlement if you expect to incur future expenses from your injury. On the other hand, a settlement is a very good option because it can afford a faster alternative to receiving benefits.

When you are facing a decision about when to file a workers’ compensation claim or accept a settlement, call the offices of Vincent Criscuolo & Associates at (585) 232-3240. Their team will be on your side and help you weigh your options. For more information on their expert legal team visit them online.