Strong and Steady: How a New Rochelle Workers’ Compensation Lawyer Can Be Your Trusted Guide After an Accident at Work
As if the pain and shock wasn’t enough after an injury, figuring out how to navigate the workers’ compensation system adds another layer of stress on top of that.
That is why the Law Office of Michael J. McConnell is here for you, so that you don’t have to figure it all out on your own.
Taking Care of Your Case From Start to Finish
Michael J. McConnell is a no-nonsense workers’ compensation attorney serving New Rochelle who is committed to putting clients first through a steady and calm approach to the practice of law.
As a former NYC prosecutor, he knows the importance of bringing a combination of strength and calmness under pressure to every case. This is especially important for injured workers who on the one hand need an aggressive advocate to fight back against the insurance company but also need the calming presence of an attorney who treats their own clients with compassion, empathy, and unconditional respect.
Beyond the balance of toughness and compassion that he brings to his legal practice, Michael J. McConnell also has extensive knowledge about what happens on the other side of a workers’ compensation case. This is because he previously worked for over five years with a large insurance company where he handled exclusively New York workers’ compensation claims. This gave him tremendous training and experience on what claims are worth and what goes on behind the scenes at the insurance company.
Putting Clients First No Matter What
At the Law Office of Michael J. McConnell, the priority is the client. Always and without exception. This is done by:
- Consistent contact with the client throughout their case.
- Clear direction and advice regarding what is happening with their case and what to expect.
- Compassionate representation. No judgments and a focus on meeting clients where they are.
If you are our client, we are a team. Our goal is to win together. Simple as that.
If you were injured at work, contact New Rochelle workers’ compensation lawyer Michael J. McConnell for a free consultation.
This will include an evaluation of your case that can be done either:
- In person
- By phone
- By video
If you need to do the consultation outside of regular business hours, that is absolutely no problem. It can be done at a time that is most convenient for you, including nights and weekends.
Schedule a free consultation today.
Frequently Asked Questions from Injured Workers
The following questions are very common. Everything discussed on this page is solely for informational and educational purposes. It is not legal advice. For legal advice, you should always contact an attorney and speak with them directly about your case.
Will my accident be covered by workers’ compensation?
If you were injured at work in New Rochelle, you may be covered by workers’ compensation.
Most jobs in New York are eligible for workers’ compensation with only a few exceptions. If you are unsure whether you are eligible, the Law Office of Michael J. McConnell offers free consultations and can help you determine what options are available to you.
In general, the key to having the work accident covered is that the injury must have “arose out of” and “in the course of” your employment.
The vast majority of injuries at work are likely to meet that criteria. So the bottom line here is that if the accident happened while you were at work, the odds are probably good that it will be covered by workers’ compensation.
It is also a requirement that the accident must be reported to your employer in writing within 30 days. Missing this deadline could result in your claim getting denied, though there are possible ways to get a claim covered despite a late report.
If you think you may have missed that deadline, it is strongly recommended that you speak with a workers’ compensation attorney immediately.
What are some examples of work-related injuries in New Rochelle?
There are countless injuries, conditions, illnesses, and even diseases that can be covered through workers’ compensation, including:
- Rotator cuff tears
- Meniscus tears
- Carpal tunnel syndrome
- Broken bones or fractures
- ACL tears
- SLAP tears
- Sprains
- Strains
- Concussions
- Herniated discs
- Overuse injuries or repetitive strain
- Back pain
- Neck pain
- Shoulder pain
- Elbow pain
- Hernia
- Burns
- Dislocated shoulder
There are also severe or catastrophic injuries that can be covered as well if caused by one’s employment, including:
- Amputation
- Traumatic Brain Injury
- Paralysis
- Cancer
- Death
If you or a loved one is wondering whether a particular injury or condition might be work-related, it is strongly recommended to consider speaking with a workers’ compensation attorney serving New Rochelle.
What if the insurance company denies my claim?
The insurance company could deny a claim for a number of reasons, but their decision is not the final say.
Denials can be challenged through litigation in front of the New York State Workers’ Compensation Board.
This litigation can include depositions of doctors, witness testimony, cross examinations, and legal arguments as to why the claim should be covered.
A New Rochelle workers’ compensation lawyer can often help an injured worker identify and bring forth the important facts in order to win their case in spite of the insurance company’s initial denial.
If you have a New Rochelle workers’ compensation claim that you believe was improperly denied, please contact the Law Office of Michael J. McConnell for a free consultation.
How do I find a workers’ compensation doctor in New Rochelle?
For the most part, injured workers have the right to see the doctor of their choice for a work-related injury in New York so long as the doctor is authorized by the Workers’ Compensation Board.
For determining the exact type of doctor or specialist, it is generally best for an injured worker to rely on the recommendations of qualified medical professionals who may have treated them at an urgent care or emergency room initially after the injury.
If the initial provider didn’t specify what type of doctor to see, then often the injured worker’s primary care provider can assist them with this.
One exception to the general rule that injured workers can treat with the doctor of their choice is when an insurance carrier or employer uses a PPO for their workers’ compensation claims.
In that situation, the injured worker is generally required to see a doctor within the PPO for the first 30 days after the first date of treatment, but then after that they can go to another doctor of their choice who is authorized by the Workers’ Compensation Board.
Do I have to pay for medical expenses?
For accepted or established claims, the insurance company is responsible for payment of all medical expenses for the work-related injury.
This means the injured worker should not have to pay a single penny out of pocket for necessary medical care on their New Rochelle workers’ compensation case.
Covered medical care includes routine doctor’s visits, diagnostic tests like MRIs, physical therapy, chiropractor visits, surgery, and more.
Who pays lost wages if I’m hurt at work in New Rochelle?
If your claim is accepted or established, you can get up to two-thirds of your average weekly wage during the time you miss from work.
There are also minimum and maximum weekly benefit rates set by law that could apply depending on how much you make. So, for example, if your two-thirds rate is more than the maximum limit, you would get that rather than the two-thirds figure.
In general, the key to getting temporary disability payments while out of work in New Rochelle is to have medical documentation that says that you cannot work.
Without proper medical documentation, you risk not getting fully compensated for the time that you are out of work.
How can I get more money for my work-related accident?
There are a number of ways to maximize the compensation that you get for an injury at work. A detailed analysis of the facts of your case by a diligent New Rochelle workers’ compensation lawyer can be helpful in identifying all possible avenues of compensation.
The list below includes some of the potential things injured workers could be eligible for depending on the severity of their injury and the particular body part involved.
- Schedule Loss of Use Award (SLU)
- Permanent Partial Disability (PPD)
- Permanent Total Disability (PTD)
While the only source of compensation for most employees hurt at work will be the workers’ compensation system, there are instances where someone injured on the job can file a personal injury lawsuit.
Unlike workers’ compensation cases, a personal injury case allows the injured person to get money for “pain and suffering.” This can often be a significant source of money – especially for severe, life-altering injuries.
Here are two of the most common scenarios where an injured worker can also sue someone after an accident in addition to getting workers’ compensation in New Rochelle:
- Injuries caused by a third party (for example, package delivery driver rearended by another driver; traveling nurse slip and fall on homeowner’s property)
- Injuries caused by a defective product or malfunctioning equipment (for example, a defective machine cuts off a worker’s hand)
There are countless other situations that could allow an injured worker to sue as well, so if you are wondering whether you might have a case, you are highly encouraged to contact Michael J. McConnell since he practices both workers’ compensation and personal injury in Westchester County.
Should I get a workers’ compensation lawyer for a work injury in New Rochelle?
Injured workers have the right to an attorney and the choice is always up to them.
With that said, the workers’ compensation system in New York can be complicated. And dealing with an insurance company is often not an easy process.
Plus, knowing the insurance company exists to make a profit only naturally leads one to wonder whether they are really going to do the right thing for an injured worker. After all, the less they pay on a claim, the more profit they make.
The good news for injured workers is that New Rochelle workers’ compensation attorneys offer free consultations.
This means that people who are hurt at work can talk to an attorney about their case for free and then decide whether it makes sense for them to hire one.
Do I have to pay a lawyer to take my workers’ compensation case?
There are zero upfront costs to hire a workers’ compensation lawyer in New Rochelle.
Not only do they offer free consultations, but they will only get paid if they get compensation awarded to the injured worker by the Workers’ Compensation Board.
This means that the attorney will not get a single penny unless they get money for the injured worker. In other words, they work on a “contingency fee basis.” No fee unless they win.
How much they get will depend on the facts of the case, but in general it will be 15% or less of what the injured worker gets. This is actually a lot less than what personal injury lawyers get (33.33% for them compared to 15% for workers’ compensation lawyers).
Any fee the attorney gets will also be determined by a judge with the Workers’ Compensation Board.
What can a New Rochelle workers’ compensation attorney do to help me with my case?
Similar to just about any other area of law, having a trusted lawyer by your side to advocate for your rights can make a considerable difference in getting a successful outcome.
Here are just ten ways that a skilled New Rochelle workers’ compensation lawyer can pursue maximum compensation for an injured worker:
- Fully explore all possible ways to get compensated.
- Argue for awards to be made at the highest rate possible based on the law and facts of the case if the injured worker is being kept out of work.
- Challenge an improper denial by the insurance company, which can include a forceful and thorough cross examination of any witnesses they use against the injured worker.
- File required forms and ensure they are properly filled out.
- Ensure compliance with key deadlines.
- Depose any doctor the insurance company uses for an Independent Medical Exam (“IME”).
- Handle all communication with the insurance adjuster and their lawyers.
- Diligently litigate the case before the Workers’ Compensation Board.
- Assist the injured worker with understanding when to pursue permanency benefits like SLU, PPD, or PTD.
- Negotiate a good settlement if appropriate.
If you would like to learn more about how a New Rochelle workers’ compensation lawyer can impact your case, please contact the Law Office of Michael J. McConnell for a free consultation.