Hurt at work in Mount Vernon, NY? Get the strong advocacy you deserve.
Whether you work in healthcare, education, construction, retail, transportation, or another industry, an injury can affect your ability to work and support your family.
If you were injured at your job in Mount Vernon, you deserve clear answers, consistent communication, and a lawyer who will fight for the compensation and medical care you are entitled to under New York law.
At the Law Office of Michael J. McConnell, we put our clients first through:
- Consistent contact throughout the case
- Clear explanations regarding what to expect at each step
- Calm and compassionate legal representation for injured workers who’ve had their lives forever changed due to a serious work accident
Our goal in every case is to provide strong advocacy for injured workers and to pursue the maximum compensation available to them under the law.
To speak with a local workers’ compensation lawyer today, give us a call at (914) 810-0510for a free consultation or sign up for one below.
Basic Information About Workers’ Compensation in Mount Vernon, NY
Here are some of the top things injured workers should know if they’re pursuing a workers’ compensation claim in Mount Vernon.
Who Is Eligible for Workers’ Compensation?
Subject to a few limited exceptions, most employees in Mount Vernon are likely to be covered by workers’ compensation.
Some of the top jobs in Mount Vernon that are almost always eligible for workers’ compensation benefits include nurses and healthcare workers, home health aides, nursing home employees, truck drivers, auto mechanics, tire technicians, retail employees, food service workers, and warehouse employees.
Can you get workers’ comp in New York even if the accident was your fault?
Workers’ compensation is a form of “no-fault insurance” that employers must have in case their employees get hurt on the job. This means injured workers are covered in most situations regardless of who caused the accident.
Does someone’s immigration status matter for workers’ comp eligibility in NY?
You can be eligible for workers’ compensation in New York regardless of citizenship or immigration status.
Can an employer retaliate against me for filing a claim?
It’s illegal for an employer to retaliate against a worker for filing a workers’ compensation claim in New York.
What Injuries Can Workers’ Compensation Cover?
Most injuries and conditions can be covered if there is valid medical documentation connecting the injury to a work accident or employment activity.
Common work-related injuries and conditions in the Mount Vernon, NY area include:
- Traumatic Brain Injuries (TBIs)
- Skull fractures
- Concussions (mild traumatic brain injury)
- Loss of Limbs
- Death
- Paralysis
- Spinal cord injury
- Disc herniations
- Rotator cuff tears
- ACL tears
- Carpal Tunnel Syndrome (CTS)
- Meniscus tears
- Broken bones or fractures
- Sprains and strains
- Back pain
- Neck pain
- Knee pain
- Shoulder pain
- Ankle fracture
- Cancer due to exposure to toxins or chemicals at work
Some of these common injuries result from sudden accidents while others occur from overuse, repetitive motion, or exposure to harmful chemicals. Regardless of which category your injury or condition falls into, the key is to make sure you have clear medical documentation from your doctor stating its work-related.
How long do I have to tell my employer about a workplace accident in Mount Vernon, NY?
Injured workers generally must give their employer written notice of a work-related accident within 30 days. Missing that deadline could result in a denied claim, although there are circumstances that may excuse late notice.
For that reason, it’s best to report a workplace accident as soon as possible rather than waiting until the 30-day deadline approaches.
How long do I have to report an occupational disease such as carpal tunnel syndrome?
For occupational disease injuries or conditions that develop over time, you generally have longer to report the injury:
- 2 years from the date of disability; or
- 2 years from the date you knew or should’ve known the condition was caused by your work.
Even with this longer period, reporting the condition as soon as possible is still the best practice. The longer you wait, the more likely it is that your employer or their insurance carrier might try to deny your claim.
How much can I get paid while out on workers’ comp in Mount Vernon, NY?
If a doctor takes you out of work because of your injury, you may be eligible for temporary disability payments. Your exact rate will depend on your average weekly wage and percentage of impairment.
If you’re considered 100% temporarily disabled, these payments can be up to two-thirds of your average weekly wage, subject to applicable state minimum and maximum rates. If you’re less than 100% disabled, the payments will be reduced accordingly.
Who pays for medical treatment like surgery on a workers’ comp claim in NY?
For an accepted or established claim, injured workers don’t have to pay out of pocket for necessary medical care related to the covered work injury.
Common types of medical care paid for by workers’ comp include:
- Surgery
- Physical therapy
- Chiropractor visits
- Doctor’s visits
- Medication
- Injections
Many of these forms of medical care can require pre-authorization from the insurance carrier. In some cases, the insurance carrier may deny authorization where they believe the treatment is unnecessary or inconsistent with the NYS Medical Treatment Guidelines (MTGS) that apply to workers’ compensation matters.
A New York workers’ compensation attorney can help you challenge an improper denial of a necessary surgery or other type of treatment that you need to get better.
Will I get a Schedule Loss of Use Award?
An injured worker with an injury to certain body parts involving the upper and lower extremities might be able to receive a Schedule Loss of Use Award (“SLU”) if the injury causes permanent impairment or loss of function.
For example, if you have a rotator cuff repair surgery, bilateral carpal tunnel repair, or an ACL reconstruction, it’s likely that you’ll be eligible for an SLU around a year or so after your surgery when you reach what’s called “Maximum Medical Improvement” or “MMI.”
This is essentially a lump sum payment for permanent impairment, though anything you got paid while you missed work after your injury or surgery will be deducted from the award.
In many cases, an SLU will result in additional money being paid to the injured worker—sometimes a fairly substantial amount.
If my injured body part isn’t eligible for an SLU, are there any other forms of permanent disability benefits I can get?
Yes. Permanent impairment to body parts not covered by SLU awards can be eligible for permanent partial disability or permanent total disability payments, depending on the severity of the injury and whether it causes a loss of wage-earning capacity.
These are not lump-sum payments like an SLU award. Instead, they are generally issued at a weekly rate for a certain number of weeks based on a “Loss of Wage Earning Capacity” or “LWEC” finding by a judge.
Can I settle my workers’ compensation claim?
Injured workers can settle a claim under Section 32 of the New York Workers’ Compensation Law. A settlement is a signed agreement between the injured worker and insurance company resolving some or all issues in the case, typically in exchange for a lump-sum payment and closure of the claim.
Should I hire a workers’ comp lawyer for my claim?
You have a right to an attorney if you want one, but the choice is yours alone to make. In general, a workers’ compensation attorney can help an injured worker in Mount Vernon by:
- Calmly guiding the injured worker through the workers’ compensation process by providing detailed explanations of what to expect and keeping them informed every step of the way.
- Complying with important deadlines.
- Submitting essential forms.
- Arguing for the greatest rate of weekly compensation applicable under the law and facts of the case for any temporary period of lost wages.
- Cross-examining employer witnesses if the claim was denied.
- Challenging any improper denials of necessary medical care.
- Deposing any IME doctors the insurance company uses.
- Helping the injured worker pursue permanency—whether SLU, PPD, or PTD as applicable.
- Negotiating a fair Section 32 settlement with the insurance company if warranted.
It’s also important for you to know that workers’ compensation attorneys in New York don’t require injured workers to pay a fee up front. They work on a contingency basis, and any fee must be approved by a judge.
Usually the attorney’s fee will be about 15% or less of the compensation awarded to the injured worker, which is substantially less than the typical fee in a personal injury case.
Get the Legal Advice You Need. Speak With a Mount Vernon Workers’ Comp Lawyer Today.
Whether you suffered a catastrophic injury, broken bones, torn ligaments, or a sprain or strain, the Law Office of Michael J. McConnell is ready to fight for your rights and the full compensation you deserve.
To schedule your free consultation, call us at (914) 810-0510 or book a call through the button below.
Disclaimer: The information on this page is for informational and educational purposes only and is not legal advice. For legal advice regarding your particular workers’ compensation case, you should consult with an attorney.
This page was last updated on 8/18/26.