The Straightforward Approach to Workers’ Compensation in White Plains, NY
Whether you were injured at a hospital, office, construction site, restaurant, school, retail store, or while driving for work, getting the right legal advice after you’ve been injured at work in White Plains can make a big difference.
The Law Office of Michael J. McConnell is a local workers’ compensation firm that helps injured workers in White Plains pursue the full compensation they deserve.
We offer free consultations, which you can schedule by calling us at (914) 810-0510 or by booking one through the button below.
We will discuss your work injury, medical treatment, lost wages, and then provide you with a clear strategy to move forward.
So don’t wait to get the quality legal representation you deserve. Schedule your free case evaluation today.
Common White Plains Workers’ Comp FAQs
If you’re struggling to figure out what to do after an on-the-job accident in White Plains, you’re not by any means alone.
Here are some of the top questions injured workers have along with helpful answers explaining the basics of the New York workers’ compensation system.
How Does Workers’ Compensation System Operate?
New York workers’ compensation provides benefits to employees for work-related injuries—primarily in the form of lost wage compensation, medical care, and in some cases permanent impairment awards.
Why Do So Many Injured Workers Feel Like the System is Too Complicated?
To get fully compensated, injured workers often feel like they are constantly being forced to jump through hoops in an overly complicated system where they have to deal with:
- their employer
- insurance adjusters
- doctors
- independent medical exams (IMEs)
- the NYS Workers’ Compensation Board
- virtual hearings
- confusing terminology and acronyms
- medical authorizations
- and tons of forms and deadlines
The number one goal of a New York workers’ compensation attorney is to bring some much needed clarity to injured workers so that they can feel confident navigating such a complex system knowing they have someone fully on their side advocating for them.
Who Is Covered by Workers’ Compensation in NY?
Most employees in New York are covered by workers’ compensation. There are only a handful of very narrow exceptions for certain categories of employment.
Some of the common types of jobs that are covered by workers’ compensation include:
- nurses and healthcare workers
- auto mechanics and tire technicians
- retail associates and cashiers
- custodians and cleaners
- waitresses and cooks
- home health aides and physical therapists
- teachers and school employees
If you need help figuring out whether your job is covered by the New York Workers’ Compensation Law, you can contact us for a free consultation today.
Can an Employee Get Workers’ Comp if Their Own Negligence Caused the Accident?
This is a no-fault system, which means that your accident is usually covered even if your own negligence may have caused it.
Does Citizenship or Immigration Status Matter?
You can generally receive workers’ compensation benefits in New York even if you are a non-citizen or are undocumented.
How Soon Do I Have to Report My Work Accident in White Plains, NY?
Generally, an injured worker must notify the employer of an accident in writing within 30 days. This is a strict deadline and failure to comply can result in the insurance company denying your claim.
Of course, the best practice is always to report the accident immediately—ideally the same day it happens. Doing so will reduce the likelihood of unnecessary disputes about the accident.
If you’re unsure how to report your injury or are worried you missed the 30-day deadline, call us for a free consultation at (914) 810-0510.
What Types of Work Injuries Are Covered?
There are many different ways an employee can suffer a compensable workplace injury.
Common examples include:
- Construction accidents
- Heavy lifting injuries
- Slip and fall accidents
- Trip and fall accidents
- Falls from heights
- Being struck by an object
- Cuts from equipment or tools
- Workplace assaults or violence
- Car accidents while working
A work accident could happen anywhere in White Plains. That includes workplaces near Central Avenue, Mamaroneck Avenue, Westchester Avenue, or the downtown business district. It can also happen while an employee is traveling between job sites or making deliveries.
Can I Get Workers’ Compensation for an Overuse Injury?
Yes. Some workers develop injuries gradually because of the physical demands of their jobs.
Examples include injuries caused by:
- Repetitive motion
- Overuse
- Long periods of driving
- Exposure to harmful substances
These types of claims can be particularly common among nurses and other healthcare employees, delivery drivers, mechanics, and other employees whose jobs place repeated stress on the body.
It is also quite common for overuse injures to result from prolonged periods of understaffing.
What Are Common Workers’ Compensation Injuries?
Work injuries can affect almost any part of the body, including things like:
- Rotator cuff tears
- Herniated discs
- Back and neck injuries
- Knee injuries
- Meniscus tears
- Carpal tunnel syndrome
- Trigger finger
- Fractures
- Sprains and strains
- Concussions
- Broken wrists
More serious injuries can also qualify for workers’ compensation, including spinal cord injuries, paralysis, amputations, vision loss, hearing loss, cancer, and other serious occupational conditions.
Workers’ compensation can also provide benefits when a work-related injury results in death.
Who Pays My Medical Bills After a Work Injury?
If your workers’ compensation claim is accepted, or if the claim is established after litigation, the workers’ compensation insurance carrier is generally responsible for paying all necessary medical treatment related to the injury.
This means you should not have to pay co-pays or ordinary out-of-pocket expenses for authorized treatment under an established claim.
What Type of Medical Care Does Workers’ Comp Pay For?
Covered medical care will only include things that are properly connected to the work injury and supported by appropriate medical documentation.
For example, if you fractured your wrist at work, you can usually expect workers’ compensation to pay for an emergency room visit at White Plains Hospital, your ambulance bill, diagnostic testing such as an X-ray, orthopedic visits, physical therapy, medication, surgery if necessary, and other related care.
Can a Workers’ Compensation Insurance Adjuster Deny My Medical Treatment?
Sometimes they can, but these denials can also be challenged and later reversed. Here’s what you need to know:
Medical treatment on a New York workers’ compensation claim generally must be necessary, appropriate, and related to the compensable work injury. Certain body parts are also subject to New York State Medical Treatment Guidelines (“MTGs”).
An insurance carrier may challenge treatment when it believes the requested care does not satisfy the applicable requirements. But their denial isn’t always the final say and you might still have options.
A workers’ compensation attorney can challenge a denial and pursue authorization for appropriate medical treatment, including surgery or other significant care when supported by the medical evidence.
How Does Workers’ Compensation Pay Me If I Cannot Work?
If you are unable to work because of your injury, workers’ compensation may provide temporary disability benefits.
When a doctor says you cannot work at all, the condition may be considered “temporary total disability” or “TTD.” These TTD benefits will be two-thirds of your average weekly wage, subject to statutory minimum and maximum rates.
When a doctor says you can work with restrictions and lists your percentage of impairment as something less than 100%, that is called “temporary partial disability” or “TPD.” Depending on the percentage of partial impairment, your pay can be significantly less than what you received while you were totally disabled.
How Often Do I Need to See a Doctor to Keep Getting Temporary Disability Payments?
Generally, an injured worker receiving temporary disability benefits must see a doctor at least every 90 days to get updated medical evidence.
Failing to keep your appointments with the doctor can cause major problems with your temporary disability payments, including in some instances allowing the insurance carrier to stop them completely.
When Do I Have to Return to Work?
Nobody can force you back to work. No matter how much pressure an employer or insurance carrier might put on you, including through an IME saying you are capable of working, it is only your treating doctor who can give you the clearance to return to work.
There is also no law in New York that puts an arbitrary end date on when you must return to work. Instead, it is the opinion of a medical doctor that dictates how long you need to remain out of work.
Can I Keep Getting Medical Treatment After Returning to Work in White Plains, NY?
Yes, you can continue to get necessary medical care for your injury even after you go back to work. This is because returning to work does not automatically close a workers’ compensation claim in New York.
If you still need necessary medical treatment related to the work injury, you may continue receiving treatment after returning to your job. That can include:
- physical therapy
- doctor’s visits
- medication
- injections
- or other appropriate care
It is actually quite common for injured workers to continue getting medical care for their injury after they return to work. In some instances, they can continue to treat for many years so long as the treatment is necessary, related to the work injury, and otherwise is consistent with the NYS Medical Treatment Guidelines.
If I Returned to Work Too Soon and Need to Go Back Out Again, Can I Still Get Lost Wage Compensation Without Filing a New Workers’ Comp Claim?
Many injured workers in White Plains and elsewhere in Westchester County return to work only to realize their body might not have been quite as ready as the doctor thought.
For example, an emergency room nurse may have suffered a work-related meniscus tear, missed a few weeks from work while doing physical therapy, and then went back to work only for the pain to increase and then require surgery.
In such cases, if a doctor takes someone back out of work due to the same work-related injury, they will still generally be able to receive temporary disability payments again on their initial claim.
If, however, someone goes back to work and suffers a new and distinct work-related injury, then in that case they’ll typically need to file a new workers’ compensation claim.
Do I Need a Workers’ Compensation Lawyer?
You have the right to hire a workers’ compensation attorney, but you are not required to do so.
The value of an attorney is that they bring a tremendous amount of knowledge and experience regarding the complexities of the New York workers’ compensation system that most injured workers might not have.
By hiring an attorney, the injured worker can better level the playing field against the insurance company handling their claim.
How Do Workers’ Comp Attorneys Get Paid?
Workers’ compensation attorneys in White Plains work on a contingency fee. This means you do not pay them a single penny upfront, and they get paid only if you receive indemnity benefits or an award.
The attorney’s fee percentage is always subject to the approval of a judge of the New York State Workers’ Compensation Board. In most cases, the fee will be about 15% of a settlement or award, but it can vary sometimes.
If I Want to Hire a Workers’ Comp Lawyer, How Soon Should I Do It?
An attorney’s impact is often much greater when they are retained as early as possible after a work-related injury in White Plains, NY.
When hired early, a good workers’ compensation lawyer can get your claim off to a strong start by:
- filing the required forms
- complying with important deadlines
- investigating the accident
- speaking to witnesses if necessary
- reviewing hospital records and initial medical reports
- helping you find a workers’ comp doctor
- thoroughly explaining the process to you
- building a strong strategy to pursue full compensation
- and ensuring that proper medical documentation is submitted by your doctor so that you get paid at the proper compensation rate for your injury
With that said, it’s not uncommon for injured workers to hold off on getting an attorney because their claim seems straightforward at first only for problems to arise later when the insurance company:
- questions the injury
- stops payments
- disputes medical treatment
- or schedules an Independent Medical Examination (IME)
In some circumstances, an injured worker might go years without an attorney only to consider hiring one when the insurance adjuster contacts them with an offer for a lump sum Section 32 settlement to close out their claim.
So regardless of whether you have a brand new case, a very old one, or anything in between, you should never hesitate to seek valuable legal guidance from a trusted workers’ compensation attorney.
Can I Receive Additional Compensation for a Permanent Injury?
Yes, it is possible to receive additional compensation for a serious injury that leaves you with permanent impairment.
A permanent injury may qualify an injured worker for additional benefits depending on the injury and its effect on the worker.
Categories of permanent impairment benefits can include:
- Schedule Loss of Use
- Permanent Partial Disability
- Permanent Total Disability
In some cases, permanent impairment can result in a substantial amount of additional compensation.
To find out whether you might be eligible for permanency benefits regarding your work-related injury in White Plains, contact the Law Office of Michael J. McConnell today at (914) 810-0510.
What Is a Schedule Loss of Use Award?
A Schedule Loss of Use, or SLU, is generally a lump-sum award for permanent loss or loss of use involving certain extremities like the arms, legs, hands, and feet.
The value depends on factors including the percentage of loss and the applicable temporary total disability rate. Also, even if you return to work, you can still qualify for an SLU award.
So, for example, if you had a work-related rotator cuff injury that required surgery but then went back to work a few months later, you could still be entitled to an SLU award.
When and How Do I Get a SLU Rating?
The SLU rating will typically be provided by your doctor around a year or so after the date of the accident or your surgery. Many times, the insurance company will send you to an Independent Medical Exam (IME) if they think your doctor’s rating is too high.
What Happens if My Doctor and the IME Disagree on SLU?
If there is a difference in opinion on SLU between your doctor and the IME, the issue will be decided by a judge with the NYS Workers’ Compensation Board following litigation involving depositions of each doctor.
In some cases, litigation on differing SLU opinions can be avoided by negotiating a stipulated SLU agreement with the insurance company.
What Is Permanent Partial or Permanent Total Disability?
Some permanent injuries involve body parts such as the back, neck and head, which are not covered by SLU awards.
For injuries to non-SLU body parts that cause a permanent loss of wage-earning capacity, the worker may potentially qualify for permanent partial (PPD) or permanent total disability (PTD) benefits.
Unlike an SLU, these benefits are generally paid over a period established by law rather than simply as one lump-sum award.
Can I Settle My White Plains Workers’ Compensation Case?
Yes. A workers’ compensation claim may sometimes be resolved through a lump-sum settlement.
A settlement generally involves receiving money in exchange for giving up certain future benefits under the claim.
There is no single settlement amount that applies to every injured worker. The value can depend significantly on factors like:
- the severity of the injury
- future medical needs
- ability to return to work
- permanent limitations
- and other facts specific to the claim
A lawyer with experience evaluating workers’ compensation cases for Section 32 settlements can help you determine whether a settlement is right for you, what the fair value should be, and then negotiate one on your behalf.
Ready to Speak with a White Plains Workers’ Comp Attorney? Give Us a Call Today!
Trying to figure out the best plan of action on your own workers’ compensation case is really hard, especially if you’ve never been through this system before.
That’s why we view it as our job to make things easy for you. We offer free and confidential consultations to all injured workers in White Plains so that you can speak with an attorney as soon as possible after your accident to get clear legal guidance.
So don’t wait to get the quality legal representation you deserve. Give us a call today at (914) 810-0510. Let us guide you through with the clarity, calm, and confidence you deserve.
Disclaimer: This page provides general information about New York workers’ compensation law and is not legal advice. Every workers’ compensation claim is different, and the outcome of a case depends on its specific facts, medical evidence, applicable law, and other circumstances. Nothing on this page creates an attorney-client relationship. For advice about your particular situation, consult a qualified New York workers’ compensation attorney.
This page was last updated on August 17th, 2026.