Endgame
Section 32 settlements in New York workers' comp
A Section 32 agreement is how most workers' comp cases finally end: a voluntary, Board-approved settlement — usually a lump sum — that closes the claim for good. It can be life-changing money, or a costly mistake, depending on what you give up.
- A §32 is voluntary and full-and-final — once approved, you generally can't reopen the settled parts.
- The Board must approve it and can reject a deal that's unfair, unconscionable, or based on a misrepresentation.
- You get a 10-calendar-day window to withdraw after it's submitted.
- Settling medical (not just cash) can close your treatment coverage forever — think hard, especially about future surgery.
What you're actually deciding
A settlement can cover indemnity only (your cash benefits) or be a full settlement that also closes future medical care. Closing medical is where the risk lives — if you may need surgery, injections, or long-term treatment, giving up medical for a lump sum can cost you far more than you receive.
Certainty & a lump sum
Money now, no more fighting the carrier, no more IMEs, and freedom to move on. Useful when the ongoing benefit is small or the case is contested.
You give up the future
No reopening, and if you settled medical, you pay for future care yourself. If you're on (or headed for) Medicare, a Medicare Set-Aside may be required so future treatment isn't shifted to Medicare.
How the process works
- Both sides put the agreement in writing (forms in the C-32 family) and submit it to the Board.
- The Board schedules a hearing to make sure you understand it — unless all represented parties ask for a desk review, or it's indemnity-only.
- No agreement is approved for 10 days, and either side can withdraw during that window.
- Once approved, the settlement must be paid within 10 days.