West Seneca, NY Personal Injury Law Firms & Lawyers

It is not clear whether you have a judgment yet. If so, you can take steps to have an income execution issued to garnish her wages. Otherwise, there may be some procedural steps you will have to attend to to get the judgment filed.

Please don't make us guess. You don't say so, but yyour question suggests that you were injured on the job. Worker's comp covers medical expenses and time out of work. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments that you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service. Accidents that occur on construction sites or car crashes during the course of employment have particular rules as well.

You have to be appointed as the fiduciary of her estate. If she had a will, you need to be appointed Executor, if she did not, that role is called Administrator. Either way, the term "fiduciary" is used. In NY, this appointment is made by the Surrogate's Court. Once you are appointed, you can contact the hospital to get the records. If they refuse, you may be able to get a court order.