Navigating the New York Workers’ Compensation System: How a Westchester Workers’ Compensation Lawyer Can Help

New Yorkers go to work each day to provide for themselves and their families. When they unexpectedly get hurt on the job, all of a sudden they are faced with serious questions: 

  • How can I get paid if I miss work for my injury?
  • Can I get medical treatment? If so, who pays for the medical treatment I need? 
  • Will my employer retaliate against me for filing a workers’ compensation claim?
  • What if my boss questions whether my injury is legitimate?
  • What if the insurance company denies my claim? 
  • What if I am never able to work again due to my injury?

Figuring out what to do after a work-related injury can be really hard. On top of dealing with the pain and shock of the injury, you might be confused or uncertain about what steps you need to complete to receive full compensation. 

What you should know is this: 

In New York, if you or a loved one got hurt at work, suffer from an occupational disease, or died from a work-related accident or illness, you may be entitled to financial compensation for lost wages, permanent impairment, and medical expenses. 

With that said, navigating the workers’ compensation system in New York can be complicated, which is why hiring a workers’ compensation lawyer is often crucial to ensure that you get fully compensated for your work-related injury. 

Get a Free Consultation with Westchester Workers’ Compensation Attorney Michael J. McConnell

The Law Office of Michael J. McConnell is here for you when you need help with your New York workers’ compensation case.

Michael J. McConnell is a no-nonsense Westchester County workers’ compensation lawyer who prides himself on being a calm and steady guide for injured workers throughout every step of the case with the goal of obtaining the maximum amount of compensation available.

He is a former NYC prosecutor who also happens to have over half a decade of experience handling New York workers’ compensation claims for a major insurance company. He prides himself on putting clients first and will deal directly with the insurance company handling your New York workers’ compensation claim and their lawyers to make sure you do not get shortchanged or taken advantage of. 

If you are wondering what your rights are as an injured worker in New York or have any questions about your work-related injury, you can contact the Law Office of Michael J. McConnell right now for a free consultation.

During your free consultation, Michael J. McConnell will personally evaluate your case and help you explore your options. The free consultation will be fully confidential with absolutely no strings attached. It can be done in person, over the phone, or by video at a convenient date and time that works for you – including off hours, nights, or weekends to best accommodate your schedule.   

The Law Office of Michael J. McConnell is conveniently located in Ardsley, NY in close proximity to Yonkers, White Plains, New Rochelle, Mount Vernon, the Bronx, Manhattan, and Rockland County. The office has plenty of free parking and is easy to get to by several major highways as well as public transportation. For those familiar with the area, the office is located basically across the street from the House of Sports just off of the Saw Mill River Parkway and the I-87 New York State Thruway. It is also just a few minutes away from major shopping centers like Ridge Hill, Costco, Home Depot, Stew Leonard’s, and various others. 

There are Zero Up Front Costs to Hire a Westchester Workers’ Compensation Lawyer

If you decide to hire Michael J. McConnell as your workers’ compensation lawyer, it will cost you absolutely nothing up front since he works on a contingency fee basis. Any payment he receives as your workers’ compensation lawyer will be a fee paid from money benefits you are awarded by a Workers’ Compensation Law Judge with the New York State Workers’ Compensation Board or as a portion of any settlement. 

How Much is the Attorney Fee for a Workers’ Compensation Case?

The fee for a New York workers’ compensation lawyer is typically set by statute and will be much lower than the typical attorney fee of one-third in a personal injury lawsuit case such as a car accident. In a workers’ compensation case, the lawyer’s fee will most often be around 15% or so depending on the amount of work the lawyer did on your claim consistent with state law and/or a determination by a New York Workers’ Compensation Law Judge. So the bottom line here is that hiring a New York Workers’ Compensation Lawyer like Michael J. McConnell will cost you nothing up front and he will only receive payment for his work if he gets a workers’ compensation judge to award you financial compensation.

You can contact the Law Office of Michael J. McConnell right now to request a free consultation to explore your options further and decide whether hiring a workers’ compensation lawyer is the right move for you. 

Understanding the Basics of Workers’ Compensation in New York

If you got hurt at work in New York, you may be entitled to workers’ compensation benefits. These benefits can include financial compensation for lost wages, medical expenses, and permanent impairment. 

Workers’ compensation in New York is a “no fault” system, which means that you can generally be compensated for an injury regardless of who was technically at fault for your injury. This means that so long as you were injured due to your job duties, you can still receive full workers’ compensation benefits even if the injury was your fault or the fault of someone other than your employer. Additionally, you can receive workers’ compensation benefits in New York regardless of citizenship or immigration status. 

Common Workers’ Compensation Injuries in Westchester County

There are two main categories of workers’ compensation injuries in New York. 

First, there are injuries that result from specific work accidents. These injuries occur through an accident at a specific date and time. For example, a nurse who injuries her back lifting a patient on a particular date and time would fall within this category. 

Second, there are occupational diseases, which are injuries or conditions that occur over a period of time through one’s job duties but are not the result of a specific accident on a particular date and time. For example, occupational diseases can include things like a secretary developing carpal tunnel from repetitive typing, a mechanic suffering shoulder pain due to the repetitive strain of the job, a construction worker’s hearing loss from long-term exposure to excessive noise, or a manufacturing employee’s cancer due to exposure to carcinogens at the plant. 

Depending on whether you had a specific accident or an occupational disease that developed over a period of time, there can be different deadlines that apply to when you must report your injury and file a claim. In general, you must give written notice to your employer within 30 days of a specific accident. If, however, you are claiming an occupational disease, then you generally have either two years from the date of your disability or from the time you knew (or should have known) that the condition was work-related. If you do not provide notice within these deadlines, you could lose your right to pursue a workers’ compensation claim. With that said, if you think you have missed these deadlines, there are exceptions that can apply and a skilled workers’ compensation lawyer can help you evaluate what options you may still have. 

Below is a list of examples of common workers’ compensation injuries:  

  • Broken bones (fractures)
  • Torn ligaments
  • Dislocations
  • Rotator cuff tears
  • Strains and sprains 
  • Carpal tunnel syndrome
  • Torn meniscus 
  • ACL tear
  • Loss of limbs
  • Concussions
  • Traumatic brain injury (TBI)
  • Spinal cord injury
  • Disc herniations
  • Hip injury
  • Contusions
  • Lacerations 
  • Catastrophic injuries
  • Hearing loss
  • Vision loss 
  • Post Traumatic Stress Disorder (PTSD)
  • Death

In general, workers’ compensation in New York covers almost any type of job, though there are a few exceptions. Here is a list of common jobs that may be eligible for workers’ compensation benefits: 

  • Healthcare – includes nurses, patient care technicians, and other healthcare workers
  • Construction workers
  • Truck drivers
  • Manufacturers 
  • Fast food workers 
  • Transportation – includes bus drivers, taxi drivers, and MTA
  • Retail employees
  • Grocery store employees
  • Casino employees 
  • Security guards
  • Mechanics 
  • Home health aides (HHA)
  • Delivery drivers
  • Custodians, cleaners, and janitors
  • Hotel staff
  • Warehouse workers
  • Lab technicians
  • Landscapers 
  • Government employees (subject to a few limited exceptions)

Quick Overview of the Workers’ Compensation Process in New York 

If your workers’ compensation claim is accepted by your employer’s insurance carrier or established following litigation by the New York State Workers’ Compensation Board, there are several types of compensation benefits you could be entitled to. These benefits can include:

Additionally, for injured workers who sadly die from a work-related accident or condition, their surviving families can receive compensation related to the death (typically referred to as “survivor benefits”). 

Every case is unique, so depending on the exact facts of a particular case some of these benefits may apply while others may not. There are also other types of less common benefits not mentioned here that could be applicable too, which is why a skilled workers’ compensation attorney can identify the exact types of benefits you might be entitled to and can come up with a gameplan to get you the best possible outcome under the law and facts of your case. 

The Reality of New York Workers’ Compensation: Insurance Company Tactics, Claim Denials, and Litigation

While the workers’ compensation system was designed to help injured workers, the reality is that your employer’s insurance company is a for-profit business, which gives them a tremendous incentive to try to pay as little as possible for your injury. For example, the insurance company may “deny” your claim and question whether you are genuinely hurt. By denying your claim, they will refuse to pay you anything for your lost wages, refuse to pay for your necessary medical treatment, and sometimes even send you to a doctor of their choice (strangely labeled an “Independent Medical Exam”) to minimize the extent of your injuries and challenge the credibility of your own doctor. 

If your claim has been denied or the insurance company is otherwise treating you unfairly, the remedy is to litigate the issue before a judge of the New York State Workers’ Compensation Board. You have a right to a lawyer for your workers’ compensation claim, which can make a critical difference as navigating these adversarial proceedings against the savvy insurance companies and their lawyers can be especially intimidating for an injured worker who is unfamiliar with this system and is simply struggling to make ends meet while out of work for their injury. Having a workers’ compensation lawyer to fight back and advocate for your rights is often the first step to letting the insurance company know that you mean business and are not going to play games when it comes to the compensation you deserve. 

How a Westchester Workers’ Compensation Lawyer Can Help an Injured Worker

There are a number of really important things a workers’ compensation lawyer can do for you when the insurance company refuses to fairly compensate you or even outright denies your claim. For example, the lawyer can request hearings, take depositions, cross-examine any witnesses testifying against you, and make appropriate legal arguments to the judge. If the litigation on your behalf is successful, the workers’ compensation judge will have the power to order the insurance company to pay you the compensation you deserve under the law.

Also important to know is that even if you are able to return to work in some capacity after your injury, you can still receive necessary medical treatment and may also be entitled to permanent impairment benefits depending on the facts of your case. Insurance companies will typically not tell you that you could receive an additional award in the form of financial compensation for permanent impairment, which sadly causes many injured workers in New York to never realize that they could have received additional compensation for their injury (and sometimes a very significant amount).  

Permanent Impairment Benefits in New York: Schedule Loss of Use, Permanent Partial Disability, and Permanent Total Disability

There are essentially three categories of permanent impairment benefits in New York:

  1. Schedule Loss of Use (SLU)
  2. Permanent Partial Disability (PPD)
  3. Permanent Total Disability (PTD)

The type of permanent impairment that could apply to your case will depend on the specific body part you injured (or condition, illness, disease, etc.) and the severity of it. 

Schedule Loss of Use Awards in New York

A schedule loss of use (SLU) commonly applies when there is permanent impairment to one of your limbs or extremities, but you could also receive a SLU for things like vision loss, hearing loss, and disfigurement (facial scarring, etc.). For a SLU, you can receive an additional award typically paid as a lump sum on top of any compensation you may have received for your actual lost time from work in recognition of your permanent loss of use of the injured body part.

Injuries that result in permanent impairment to the following body parts or systems can result in a SLU award:

  • Upper extremity (shoulder, arm, hand, wrist, elbow, fingers)
  • Lower extremity (knee, leg, ankle, foot, hip, toes)
  • Vision Loss
  • Hearing Loss
  • Disfigurement (facial scarring, etc.) 

It is important to note that any payment that you are awarded for a SLU will take credit for prior payments made to you for the actual temporary lost time that you had from work, but nevertheless a SLU can still result in a significant amount of compensation in recognition of your permanent impairment from your injury (such as loss of range of motion among other things). So the bottom line here is that even if you have returned to work, you can still be entitled to a SLU award if there is permanent impairment. 

What is troubling, however, is that there are likely hundreds if not thousands of New Yorkers every year that get hurt at work and have no idea that they could be entitled to a financial award like a SLU. Sadly, this is often because the injured worker may have returned to work at some point after the injury and assumed that their case was “closed” or over with. This is far from the truth, but unfortunately insurance adjusters are often not going to tell the injured worker that they might be in line for additional financial compensation for permanent impairment, which is why hiring a New York workers’ compensation lawyer can be so critical as it can help prevent you from leaving money on the table. 

Permanent Partial Disability Benefits in New York

In contrast to SLU awards, an injured worker can be eligible for permanent partial disability benefits (PPD) if they have a loss of wage earning capacity (LWEC) due to a non-schedule permanent impairment to body parts or conditions not covered by a SLU. For example, injuries to any of the following could potentially result in PPD benefits based on LWEC: 

  • Back
  • Neck
  • Pelvis
  • Head
  • Brain
  • Heart
  • Lungs

PPD benefits are based on the injury causing a loss of wage earning capacity, which essentially means that the injury is permanent and negatively impacts your ability to earn a living. What makes PPD significantly different from SLU is that the determination for PPD is very fact specific and somewhat subjective as the workers’ compensation judge must consider not just the medical opinions detailing the permanent impairment but also other factors such as your past employment history, education level, and other factors that impact your ability to earn a living with the specific injury. 

What also makes PPD different than SLU is that compensation for PPD does not typically come as a lump sum. Instead, these payments are paid out at an established weekly rate for a specified number of weeks per the Workers’ Compensation Law. This means you will receive your PPD benefits over a longer duration. Additionally, the number of weeks payable are capped for any accident that occurred on or after 3/13/07, meaning that once you receive payment for all of the weeks owed you will generally no longer be entitled to receive indemnity benefits. At that point, your claim will typically only remain open for you to seek medical treatment should it be necessary. Given the long-term significance of a PPD finding, injured workers may want to have a lawyer by their side to maximize the potential amount of PPD benefits based on their injury. 

Permanent Total Disability Benefits in New York

Finally, there are permanent total disability benefits (PTD), which can apply if the injured worker suffered a permanent disability that causes them to be unable to work for the rest of their life. This means that PTD benefits are only likely to be available for catastrophic injuries and conditions like severe brain injury, loss of limbs, severe spinal cord injury, paralysis, and other major injuries. Unlike PPD benefits, these PTD benefits are generally not capped, which means they can continue for the rest of the injured worker’s life. The rate of weekly pay for PTD will typically be 2/3rds of your average weekly wage subject to the state minimum and maximum amounts.

Settlement of Your Workers’ Compensation Claim in New York

At some point during the course of your New York workers’ compensation case you may also have the opportunity for a settlement. Settlement of your workers’ compensation claim is basically a negotiated agreement between the injured worker and the insurance company to resolve any issues or disputes concerning your claim for indemnity and/or medical treatment benefits. Under Section 32 of the New York Workers Compensation Law, you can settle all or part of your workers’ compensation claim. 

By settling your claim, you may receive a tax-free lump sum payment from the insurance company in exchange for giving up certain rights you may have on your New York workers’ compensation claim, including but not limited to ongoing lost time payments and medical treatment. There are also certain situations where instead of a lump sum settlement payment you can have an annuity set up. A New York workers’ compensation lawyer can help you evaluate whether a settlement of your case makes sense for your particular situation. 

Settling a New York workers’ compensation claim under Section 32 is a major decision and is not to be taken lightly, especially a “full and final settlement” that will close your claim out forever. This is why before you settle full and final it is generally best practice to consult with your doctor on the potential need for further treatment so that you have a solid understanding before closing out your claim in exchange for a lump sum. Of course, nobody has a crystal ball and can perfectly predict with precision what the future may hold, but as with anything in life it is critical to consider the best available information and evidence before making important decisions such as whether to settle your workers’ compensation claim. A New York workers’ compensation lawyer can help you assess the settlement value of your case, understand the risks and benefits of settlement, and make sure you do not get shortchanged by the insurance company on your settlement.

Free Consultation with a Westchester County Workers’ Compensation Lawyer

The good news for injured workers is that despite all of the complexities of the New York workers’ compensation system, a consultation with a Westchester workers’ compensation lawyer like Michael J. McConnell is completely free and you can ask him any of the questions that you might have. 

You can contact the Law Office of Michael J. McConnell for your free consultation by calling the office at (914) 810-0510, emailing info@mcconnellinjurylaw.com, or submitting an online request through this website. 

The Law Office of Michael J. McConnell is located at 547 Saw Mill River Road, Suite 1D2, Ardsley, NY 10502. It is located conveniently between the Saw Mill River Parkway and the I-87 NY State Thruway. There is ample free parking and the office is really easy to get to from places like Yonkers, Mount Vernon, the Bronx, and NYC. The office is also conveniently located just down the street from various doctors, physical therapists, chiropractors, and related medical providers, including Doctors United in Ardsley, NY. Additionally, the office is just a very short drive away from major hospitals, including: White Plains Hospital, Montefiore Nyack Hospital, St. John’s Riverside Hospital, Westchester Medical Center, Montefiore Mount Vernon Hospital, New York-Presbyterian, Phelps Hospital, Montefiore New Rochelle Hospital, Montefiore Hospital (Bronx), and various others. The close proximity to various medical providers can make it easy and efficient for clients to drop in before or after their appointments throughout the duration of their case, which can be really important as the Law Office of Michael J. McConnell firmly believes that a core principle of proper legal representation includes frequent and consistent contact between the lawyer and their client. 

Areas the Law Office of Michael J. McConnell Serves for Workers’ Compensation

  • Westchester County (Yonkers, White Plains, Mount Vernon, New Rochelle, Elmsford)
  • NYC (Bronx, Manhattan, Queens, Brooklyn, Staten Island)
  • Rockland County
  • Long Island (Nassau County and Suffolk County)
  • New York State 

Page last updated 5/1/25.