Fighting for Every Dollar Injured Workers Deserve: How a Bronx Workers’ Compensation Lawyer Can Relentlessly Pursue Justice for You

Nobody expects to get hurt at work, but when it happens the whole process can feel overwhelming.

When dealing with an insurance company or an employer, it is only natural to wonder whether they are really going to give you everything you deserve under the law.

  • The first problem is that insurance companies exist to make a profit. The less that gets paid on a claim, the more profit they make.
  • The second problem is that they handle Bronx workers’ compensation claims every single day and all day long.

They know the system. They know how to pay someone less. They are savvy and experienced.

For an injured worker hurt in the Bronx, it can feel daunting. It can feel like it is not a level playing field.

Regardless of whether an injured worker just had their first work accident or if they have had a few before, it can feel like the insurance company has an unfair advantage.

It is important for injured workers in the Bronx to know this:

  1. You have the right to an attorney to fight for you on your workers’ compensation claim.
  2. Workers’ compensation lawyers in the Bronx generally offer free consultations.
  3. Bronx workers’ compensation attorneys only get paid if you get compensated on your claim first. This means zero upfront costs to hire a lawyer. Plus, this gives the lawyer a tremendous incentive to maximize your compensation since the more you get, the more they get. A win-win for everyone.
  4. A skilled lawyer can advocate for you. They deal with the insurance company so you don’t have to. They litigate your case as needed before the New York State Workers’ Compensation Board.

If you got hurt at work in the Bronx and are wondering whether you need a workers’ compensation lawyer, contact the Law Office of Michael J. McConnell for a free consultation.

In addition to this consultation being absolutely free, it comes with zero strings attached. It can be done by phone, video, or in person.

Michael J. McConnell is a workers’ compensation lawyer serving the Bronx and the surrounding area. He is a former New York City prosecutor who isn’t afraid to fight for what is right and knows how to win when the stakes are high. He also has previously handled New York workers’ compensation claims for a major insurance company for over 5+ years, with a significant percentage of those claims involving injured workers living, working, or seeking medical treatment in the Bronx.

Frequently Asked Questions Regarding Bronx Workers’ Compensation Injuries

The following questions are routinely asked by injured workers and the information that follows is for general informational and educational purposes only. It is not legal advice.

If you are seeking legal advice, it is highly recommended that you contact a workers’ compensation attorney serving the Bronx.

1. How much do I get paid if I am out on workers’ comp?

If you are missing time from work due to a covered work accident, you may be eligible for up to 2/3rds of your average weekly wage for temporary disability payments.

There is a minimum and maximum amount set by New York that could apply as well, which changes periodically.

2. What is required to get paid for lost wages through workers’ compensation?

There are usually at least two things that are necessary to get temporary disability payments for lost wages on your Bronx workers’ compensation case.

First, you must have a covered work-related injury that was accepted by the insurance company and/or established by the New York State Workers’ Compensation Board.

Second, you must have credible medical documentation that justifies your absence from work by connecting your current disability to the covered work-related accident.

3. If I get hurt at work in the Bronx, how long do I get to report the accident? Can my claim get denied if I miss the deadline?

You must notify your job of a work-related accident within 30 days. Technically, this notice must also be in writing: a brief letter or email should usually suffice.

Although you get 30 days, it is almost always better to notify your employer immediately. The best way is to notify them on the date of the accident right after it happens.

If for some reason you miss the 30-day deadline, you could receive a denial of your claim from the insurance company due to “late notice.”

There are certain legal justifications that can allow the Workers’ Compensation Board to excuse late notice, but that will often require litigation once the insurance company denies the claim.

Two of the possible ways to excuse late notice are when the injured worker reasonably didn’t realize the severity of their injuries initially and when the late notice really didn’t harm the insurance carrier’s or employer’s interest (like their ability to sufficiently investigate the accident).

Whether a reasonable excuse for late notice exists requires a very careful and thorough analysis of the particular facts of any given case.

If you think you missed the deadline for notice of your work-related accident, you are strongly encouraged to reach out to a Bronx workers’ compensation lawyer for a free consultation.

4. For Bronx workers’ compensation accidents that are compensable, all necessary medical treatment is covered by the insurance company in charge of the claim.

This means the injured worker will not be responsible to pay anything out of pocket for their medical care related to the work injury.

5. What types of medical care are paid for by workers’ comp?

There are many types of treatment that can be covered, but some of the most common examples include:

Some types of treatment – including physical therapy and surgery – may require approval by the insurance company in certain situations.

If the insurance company improperly denies necessary treatment, the denial can be contested and potentially reversed by the Workers’ Compensation Board.

6. What types of occupations are covered by workers’ compensation in the Bronx?

Most employers are required to have workers’ compensation insurance in New York, so most employees will be eligible.

There are a few exceptions that can apply, such as uniformed NYPD and FDNY employees among a handful of other jobs.

Most employees in the Bronx, however, are likely to be covered by workers’ compensation, including:

There are countless others as well, but if you unsure whether you might be covered by workers’ compensation you are encouraged to speak with a Bronx workers’ compensation lawyer.

7. Can I still get medical care paid for if I return to work after my injury?

Workers’ compensation cases in New York remain open for medical care even after the injured worker goes back to work.

In fact, cases remain open for necessary and related treatment for the rest of the injured worker’s life.

The one main exception to this would be if the case is settled. If the settlement was “full and final” which means the lump sum payment included an allocation for future medical care, then the insurance company would not have to pay for further medical care after paying the settlement.

8. How much money can I get for a workers’ compensation settlement in the Bronx?

Since every case is unique, a determination of how much money you can get for a settlement must be made after an extremely careful review of the case facts.  

A thorough Bronx workers’ compensation lawyer can help you understand how much your case might be worth once they have all of the relevant details and documentation.

9. When can I get a Schedule Loss of Use Award for my injury?

A Schedule Loss of Use Award (SLU) applies to injuries of the extremities that result in permanent impairment. For example, a permanent injury to an arm, leg, foot, or hand could potentially result in an SLU.

SLUs are essentially a lump sum payment for permanent impairment. You can get this award even if you returned to work after an injury, although any payments for lost wages during the time you missed from work will be deducted from the SLU.

When it applies, injured workers typically get paid the SLU on their case around a year or so after their injury. If they had a surgery, then it might be about one year after that.

To get the SLU, there needs to be medical evidence proving permanent impairment.

Often insurance companies will dispute the doctor’s SLU determination and get their own doctor (called an Independent Medical Examiner or “IME”) to provide an opinion on SLU.

Typically the IME doctor will say the injured worker has a lesser SLU than the injured worker’s actual doctor said. Sometimes the IME doctor will even say there is no SLU at all.

In those cases, the issue of SLU gets litigated before the NYS Workers’ Compensation Board. After depositions and legal arguments are made, a judge will issue a decision regarding how much money that the injured worker gets for SLU.

10. Can I get permanent disability for workers’ compensation if I get hurt at work in the Bronx?

For permanent injuries to body parts not covered by a Schedule Loss of Use Award, injured workers can get permanent partial (PPD) or permanent total disability benefits (PTD).

These get paid at a weekly rate for a certain number of weeks set by law depending on the severity of your injury. They are not paid in a lump sum like SLU.  Injuries to the head, back, neck, or other body systems not covered by SLU might be eligible for PPD or PTD.

If you got hurt at work in the Bronx and are looking for a diligent, responsive, and serious workers’ compensation attorney, then contact the Law Office of Michael J. McConnell for a free consultation.

Michael J. McConnell always has the goal of maximizing compensation to the greatest extent possible under the law and facts of the case.

He is an attorney who prides himself on aggressive representation to stand up for what is right while at the same time being a compassionate guide to his injured clients.

Winning a Bronx workers’ compensation case requires a high level of attention to detail, which is something Michael J. McConnell prides himself on.

Additionally, at the Law Office of Michael J. McConnell, it is our policy on every case to require consistent client contact at regular intervals to make sure clients are informed every step of the way.

One of the biggest frustrations injured workers are known to have with attorneys is a lack of communication. At the Law Office of Michael J. McConnell, communication is key and is therefore mandatory – no exceptions.

Michael J. McConnell is a Bronx workers’ compensation lawyer who knows what clear and consistent contact with clients can make all the difference in getting clients the full compensation that they deserve.

Contact the office today for a free consultation.