Putting Injured Workers First: How a Mount Vernon Workers’ Compensation Lawyer Prioritizes His Duty of Zealous Representation and Communication with Clients

At the Law Office of Michael J. McConnell, the client’s interests come first. This means that Mount Vernon workers’ compensation attorney Michael J. McConnell will prioritize:

  • Consistent contact with clients to keep them updated;
  • Clear explanations regarding what is going on with their workers’ compensation case;
  • Calm and compassionate legal representation to injured workers who have had their lives significantly disrupted and perhaps forever changed due to a work accident in Mount Vernon.

It is the duty of a lawyer to zealously represent their clients. Michael J. McConnell is an aggressive advocate and isn’t afraid to stand up and fight for what is right.

And in workers’ compensation matters, winning and maximizing the potential compensation is the goal. Simple as that.

A Brief Background of Michael J. McConnell – Attorney & Owner

Michael J. McConnell is a Mount Vernon workers’ compensation attorney who after law school honed his courtroom skills as a criminal prosecutor in New York City, which included several trials and numerous felony indictments ranging from robberies to attempted murder. In addition to his experience as a prosecutor, he previously worked for over 5 years with one of the most prominent insurance companies handling exclusively New York workers’ compensation cases. He is a graduate of Pace Law School in nearby White Plains and remains active in the community coaching youth basketball in Westchester during his spare time outside of work.

If you got hurt at work in Mount Vernon and are looking for an attorney to put your interests first in pursuit of the full compensation you deserve, please contact the Law Office of Michael J. McConnell today for a free consultation.

This free consultation of your workers’ compensation case in Mount Vernon will include a careful analysis and evaluation by attorney Michael J. McConnell.

It can be done by phone, video, or in person at his office located in nearby Ardsley, NY. The office has plenty of free parking and is very easy to get to from Mount Vernon.

Basic Information About Workers’ Compensation in Mount Vernon, NY

The information that follows is for informational and educational purposes only. It isn’t legal advice.

For legal advice, you should consult with an attorney.

Eligibility for Workers’ Compensation in Mount Vernon

Subject to a few limited exceptions, most employees in Mount Vernon are likely to be covered by workers’ compensation.

Workers’ compensation is a form of “no-fault insurance” that employers must have in case their workers get hurt on the job.

This means that injured workers can be covered in most situations regardless of who is to blame for the accident.

Employees may also be eligible for workers’ compensation in Mount Vernon regardless of citizenship or immigration status.

It is illegal for an employer to retaliate against a worker for filing a workers’ compensation claim in New York.

Examples of Injuries that Workers’ Compensation Covers

Most injuries and conditions can be covered if there is valid medical documentation tying the injury to a work accident or employment activity.

Here is a non-exhaustive list of work-related injuries and conditions that might be covered:  

  • 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

The Deadline for Giving an Employer Notice of a Work-Related Accident in Mount Vernon

Injured workers are required to give written notice of a work-related accident within 30 days.

If that deadline is missed, the insurance company might deny your claim. There are a handful of ways to excuse late notice, so if you missed the deadline you are strongly encouraged to speak with a Mount Vernon workers’ compensation attorney immediately to see if you might have a way to excuse late notice.

To avoid a potential denial of a claim, it is almost always best to simply provide notice right after the accident happens instead of waiting even close to 30 days.

For occupational disease injuries or conditions that occur over a period of time without a specific date of accident, 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 to notify your employer, it is still by far the best practice to tell them much sooner to avoid any issues with getting compensated.

Temporary Disability Payments for Lost Wages

If you are taken out of work by a doctor, you may be eligible for temporary disability payments. These payments can be up to two-thirds of your average weekly wage.

There are also state minimum and maximum rates that could apply as well.

Medical Expenses Covered 100% by Workers’ Compensation

Injured workers who have an accepted or established claim do not need to pay a single dollar out of pocket for necessary care related to their covered work injury.

The insurance company responsible for the claim or a self-insured employer will pay the bills.

You can generally continue to receive necessary care even after you return to work and for the rest of your life unless you decide to settle your case for a lump sum that includes money for future medical care in exchange for closing out your claim for future medical benefits.

Types of Medical Care Injured Workers Can Get in Mount Vernon

There is a wide range of medical care injured workers can get, but some of the most common types of covered medical treatment include:

Schedule Loss of Use Awards (SLU)

An injured worker who has an injury to certain body parts involving the upper and lower extremities might be able to get a Schedule Loss of Use Award if their injury results in permanent impairment such as loss of function.

For example, permanent impairment to the shoulders, elbows, wrists, hands, fingers, knees, feet, or toes can result in a Schedule Loss of Use Award, which is a lump sum payment based on the percentage of the SLU and your temporary total disability rate based on your average weekly wage.

If you are wondering whether your case might have the potential for a Schedule Loss of Use Award, please contact the Law Office of Michael J. McConnell for a free consultation.

Permanent Partial Disability (PPD) and Permanent Total Disability

Permanent impairment to body parts not covered by a Schedule Loss of Use Award can result in 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 the SLU award discussed above. Instead, they are issued at a weekly rate for a certain number of weeks based on the facts of your case and the applicable law.

The idea of PPD and PTD is that it is compensation for a loss of wage earning capacity due to your injury. So if you are permanently disabled and cannot work, you might be eligible for permanent disability payments.   Determining the loss of wage earning capacity percentage is very fact specific and requires a careful analysis, which sometimes includes a fair amount of litigation that may require—among other things—testimony from the injured worker before the NYS Workers’ Compensation Board.

Settlement of a Mount Vernon Workers’ Compensation Case

Injured workers can settle their claim under Section 32 of the New York Workers’ Compensation Law.

A settlement is basically a signed agreement between the injured worker and the insurance company to resolve any or all issues in the case. This typically results in a lump sum payment to the injured worker in exchange for the injured worker closing out their claim.

How a Skilled Mount Vernon Workers’ Compensation Attorney Can Help You Pursue Maximum Compensation for Your Injuries

First and foremost, it is important to know that workers’ compensation attorneys in Mount Vernon do not cost a single penny up front. This is because they work on a contingency fee basis, which means they only get paid if they are successful in getting an injured worker compensation.

Additionally, any fee they do get has to be approved by a judge and it typically is 15% or less of what the judge awards to the injured worker.

This means that the attorney fee on a workers’ compensation case in Mount Vernon will be far less than what an attorney gets on a personal injury case like a car wreck as typically personal injury lawyers get 33.33% when they win.

So with that said, there are countless ways that a workers’ compensation lawyer can help an injured worker with their case.

Here are some ways a lawyer can help an injured worker fight for the money and medical care they deserve after a work accident:

  • Calmly guide 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.
  • Comply with important deadlines.
  • Submit essential forms.
  • Argue for the greatest rate of weekly compensation applicable under the law and facts of the case for any temporary period of lost wages.
  • Cross-examine employer witnesses if the claim was denied.
  • Challenge any improper denials of necessary medical care.
  • Depose any IME doctors the insurance company uses.
  • Help the injured worker pursue permanency – whether SLU, PPD, or PTD as applicable.
  • Negotiate a fair settlement with the insurance company if warranted.

Insurance companies operate to make money. The more that gets paid on a claim, the less profit they make. This is why many injured workers get concerned that the insurance company will take advantage of them and pay them less than they deserve.

The good news is that in New York, workers have a right to an attorney who can fight for their right to just compensation for their work-related injuries.

Having an attorney who can level the playing field can make a major difference and put injured workers at ease so that they can focus on getting the medical care they need to make the best recovery possible.

Contact Mount Vernon workers’ compensation lawyer Michael J. McConnell for your free consultation today.

Whether you had a catastrophic injury at work, broken bones, torn ligaments, or even a sprain or strain, the Law Office of Michael J. McConnell stands ready to fight for your rights and the full compensation that you deserve under the law.

Every case is serious.

Every injured worker matters.

If we can help, we will.

Simple as that.