The Straightforward Approach to Workers’ Compensation for Injured Workers in White Plains

If you have been hurt at work in White Plains, figuring out how to get everything that you need from workers’ compensation can feel daunting.

Between dealing with the insurance company, finding doctors, all of the paperwork, and seemingly a million hoops that you need to jump through, the whole process feels way more complicated than it needs to be.

Michael J. McConnell is a White Plains workers’ compensation attorney who fully understands that clear direction and straightforward guidance is what injured workers need.

Why? Because at the end of the day, the whole point of workers’ compensation is quite straightforward:

The injured worker should get EVERYTHING that they deserve under the law.

Insurance companies and employers are focused on maximizing profit, which is why confusion, delay, and lack of clarity often benefit their interests.

The less that gets paid on a claim, the more money the insurance company makes. That is the cold hard truth.

The person who is harmed by overcomplicating things is the human being who had their life turned upside down from a work-related accident.

And this is why White Plains workers’ compensation attorney Michael J. McConnell knows that the key to winning any case is often the ability to take the complex and make it simple.

To cut through all of the noise and find the thing that matters most.

And then relentlessly focus on the things that matter – such as maximizing the value of a case and ensuring the client gets the full compensation they deserve.

Michael J. McConnell is a former NYC prosecutor who simply doesn’t play games. Every case is serious and must be treated that way.

In addition to his work as a prosecutor, he also has over half a decade of experience handling New York workers’ compensation cases for a notable insurance carrier. He knows firsthand how cases are valued and what gets insurance companies to pay.

If you are looking to speak with a White Plains workers’ compensation lawyer who prides himself on keeping it straight, please contact the Law Office of Michael J. McConnell today for a free consultation.

The free consultation can be done in person, telephone, or video. It can be scheduled at a date and time most convenient for you – including off hours such as nights or weekends.

Who is eligible for workers’ compensation in New York?

The workers’ compensation law covers most employers, so if you are hurt at work in White Plains there is a good chance you are eligible. There are only a few exceptions that could apply, but in general most employees are covered.

Workers can be covered regardless of citizenship or immigration status.

And even if the accident was partially or fully the fault of the injured worker, they could still get compensation in most cases because this is a form of “no-fault insurance.”

Does it cost money to hire a lawyer for a work accident in White Plains?

There are usually zero upfront costs to hire one. Here is why: 

Workers’ compensation lawyers in White Plains work on a contingency fee basis. This means they only get paid if you do.

The fee they get comes out of any compensation you are awarded, which means there are zero upfront costs to get a lawyer on your White Plains workers’ compensation case.

The amount the lawyer gets will typically be 15% or less and must be approved by a judge.

For context, 15% is far less than the percentage a lawyer typically gets on a Westchester County personal injury case for something like a car accident.

What can a White Plains workers’ compensation lawyer do for me?

There are countless ways an attorney can help your case.

Most importantly, they have every incentive to maximize the value of your case since the amount of money they get depends on how much overall money you get.

Here are some other things an attorney can do to maximize the value of your case and make sure that you get everything you deserve, including necessary medical care:

  • Pursue all avenues of compensation, including those that are common for injured workers to overlook.
  • File important forms timely and properly.
  • Ensure key deadlines are met.
  • Deal with the insurance company directly.
  • Argue for the highest temporary disability rate that is appropriate based on the facts of your case if you miss time from work
  • Take depositions of doctors.
  • Cross-examine any witnesses against you if your claim is denied.
  • Litigate any issues in dispute, including denials of necessary medical care.
  • Help you pursue a Schedule Loss of Use Award or permanent disability if your injury results in permanent limitations.
  • Negotiate a lump sum settlement of your case.

Probably one of the most common reasons why injured workers in White Plains get an attorney is that they are concerned that the insurance company is not treating them fairly or paying them the proper amount.

As mentioned above, it is the absolute truth that insurance companies exist to make a profit. Every extra dollar they pay on a claim, the less profit they have.

Sometimes the insurance adjuster handling your case might seem really nice when they first call you, but then days or weeks later you are completely blindsided by:

  • a denial of your claim
  • refusal to pay lost wages
  • check issued for an amount not even close to what you deserve
  • unanswered voicemails
  • getting the runaround and being told about “technicalities” or other insurance jargon that hardly makes sense
  • getting a notice for an “Independent Medical Exam” with a doctor paid and chosen by the insurance company

After these things happen, it is no surprise that the injured worker might want to get an attorney to fight back.

While that can often be a wise move, the reality is that a lot of damage may have already been done, which is why it can sometimes be beneficial to hire an attorney earlier.

As with anything in life, a proactive approach and getting off to a strong start can be critical.

Do I need an attorney for my workers’ compensation case?

Injured workers have a right to an attorney when they are hurt on the job in White Plains. It is completely up to the injured worker whether to hire one.

If you are wondering whether hiring an attorney is the right move for you, please contact the Law Office of Michael J. McConnell for a free consultation.

The free consultation comes with zero strings attached and you will be able to decide whether it makes sense to have a White Plains workers’ compensation attorney fight for the compensation that you deserve.

How long do I have to report a work-related accident?

Injured workers must notify their employer of an accident in writing within 30 days. However, it is usually better to do it as soon as possible.

What types of accidents in White Plains might be covered under workers’ compensation?

There are hundreds if not thousands of accident types that could qualify for workers’ compensation, but here are some of the most common ones in White Plains:

  • construction accidents
  • heaving lifting
  • slip and fall
  • trip and fall
  • car accidents
  • fall from heights
  • struck by object
  • cut by equipment, tool, or sharp object
  • assaults or workplace violence

In addition to specific accidents, it is also possible to get workers’ compensation for an occupational disease caused by:

Common Workplace Injuries in White Plains

The types of injuries and conditions that occur most often include:

Catastrophic Injuries and Death at Work in White Plains

While the following injuries, illnesses, and conditions are not as frequent as the ones mentioned above, they can be covered by workers’ compensation if caused by one’s employment:

  • Paralysis
  • Lost Limbs or Amputations
  • Spinal Cord Injuries
  • Cancer
  • Post Traumatic Stress Disorder (PTSD)
  • Vision Loss
  • Hearing Loss
  • Death

Who pays for medical expenses if I get hurt at work?

If the claim is accepted by the insurance carrier or established following litigation, medical expenses are paid entirely by the insurance company.

An injured worker is not responsible for payment for medical care on their claim. There are no co-pays or out-of-pocket costs.

What type of medical treatment is covered?

Covered medical care for a White Plains workers’ compensation injury can include doctor’s appointments, physical therapy, chiropractic, medication, injections, surgery, and more.

Can the insurance company deny medical treatment on my workers’ compensation claim?  

All types of medical care must be necessary and appropriate. Plus, the care must be related to the covered injury as opposed to some other cause.

If those conditions are met, it should usually be approved.

There are some occasions where treatment can be denied. For example, certain body parts are covered by the New York State Medical Treatment Guidelines. If a request for treatment is inconsistent with those guidelines and there is no reason to deviate from them, the insurance company might deny the request.

If a request for treatment gets denied, there are ways to challenge that and potentially get it approved.

How long will I be eligible to get my medical treatment paid for?

In general, unless you agree to a “full and final settlement” of your claim, you can continue to receive necessary medical treatment for the rest of your life on your New York workers’ compensation case.

Who pays me if I miss work due to my accident?

If you have a valid White Plains workers’ compensation claim and have medical documentation stating you cannot work, it will generally be the insurance company that is responsible for paying you.

Although less common, sometimes an employer may continue to pay you while you are out of work. In most cases, however, it will be the insurance company.

How much do I get paid by workers’ compensation if I got hurt at work in White Plains?

Temporary disability payments get paid when you are out of work due to an injury but are expected to be able to return to work at some future point.

The most you can get is up to two-thirds of your average weekly wage. This would be called temporary total disability since it applies when your doctor says you cannot work at all.

The rate of pay could be less than two-thirds if your doctor says you are only partially disabled as opposed to totally disabled. This is called temporary partial disability.

Additionally, there are minimum and maximum weekly benefit rates set by law that can apply. These change periodically, so it is important to check what the minimum and maximum rates are based on your date of accident.

Starting 1/1/25, the minimum rate is $325 until whenever it is changed by law.

The maximum rate adjusts every year on July 1st. As of 7/1/25, the maximum rate is $1,171.46. However, on 7/1/26 it will go up to $1,222.42.

How often do I have to see the doctor to keep getting paid by workers’ comp?

You must generally see a doctor at least every 90 days to continue to receive temporary disability payments. If you go beyond 90 days, the insurance company might try to stop payments.

And of course, at each appointment the doctor will need to state in a medical report that you are disabled.

Can I continue physical therapy after I return to work?

If you return to work after a work-related injury in White Plains, you can continue to receive necessary medical care. This includes physical therapy, doctor’s visits, and basically any other treatment that is necessary.

In other words, the mere fact that you return to work does not mean that your claim is closed.

As mentioned above, you are entitled to lifetime medical care that is necessary and causally related to the injury.

Will I get paid if I need to go out of work again for my same workers’ compensation injury?

If you return to work but unfortunately might not have been quite ready, you can potentially go back out of work and still receive compensation for lost wages.

What is usually required to get paid in that scenario is a new medical report from a doctor saying that this subsequent absence is related to the same injury.

Does workers’ compensation pay me for pain and suffering?

Unlike a personal injury case where you sue someone for the harm they caused, New York workers’ compensation doesn’t pay for pain and suffering.

This can be frustrating for injured workers because the reality is that injuries that occur at work can have a major negative impact on one’s quality of life that extends beyond just the ability to work.

With that said, there are some accidents at work that can result in both a workers’ compensation case and a personal injury lawsuit. Common examples would be a car accident or an injury due to defective equipment.

In those cases, although the worker might not get money for pain and suffering through workers’ compensation, they might be able to get it through the lawsuit.

Michael J. McConnell is a White Plains lawyer who practices both workers’ compensation and personal injury, so please reach out for a free consultation if you want to know if you can sue someone for your work accident.

If my injury is permanent, can I get additional compensation?

A permanent injury can result in additional compensation in New York. Depending on the severity of your injury and which body part you injured, you could be eligible for a Schedule Loss of Use Award, permanent partial disability, or permanent total disability.

What is a Schedule Loss of Use Award?

A Schedule Loss of Use Award (SLU) is typically a lump sum payment for a permanent injury to one of the extremities.

The amount of money that you get will depend on the percentage of the SLU and your temporary total disability rate based on your average weekly wage.

The SLU takes credit for prior payments made to you while you were out of work, so anything you were previously paid gets subtracted from the overall award.

You can receive a SLU even if you return to work after your injury.

When can I get permanent partial or permanent total disability?

If you have a permanent injury to a body part not covered by SLU (such as the neck, back, or head) that results in a loss of wage earning capacity, you could receive permanent disability payments.

Whether it is permanent partial (PPD) or permanent total (PTD) will depend on the severity of your injury.

Unlike SLU, PPD and PTD are paid out over a certain number of weeks set by law based on the percentage of loss of wage earning capacity. They are not issued in a lump sum.

What is the most I can get from a settlement of my White Plains workers’ compensation case?

It is possible to settle a workers’ compensation claim. This typically involves a lump sum payment to the injured worker in exchange for the injured worker giving up their right to future benefits as part of their claim.

There is no fixed limit on how much a settlement can hypothetically be. The exact amount any person can get is highly dependent on the unique facts of their case.

Some of the things that impact settlement value can include the severity of the injury, the amount of future medical treatment needed, and whether the injured worker is capable of returning to work.

A workers’ compensation attorney familiar with what cases typically settle for can significantly help an injured worker pursue maximum value for their particular case.

What are the ways an insurance company might try to pay me less than I deserve?

The insurance company makes more money the less they pay you, so there are some things to be on the lookout for regarding what they might do to cut costs. These can include:

Is it legal for the insurance company to do surveillance on me?

It is generally legal for the insurance company to put surveillance on you so long as they do not break any other laws in the process.

In fact, they often do assign surveillance for several days at a time for the purpose of catching you doing anything – no matter how small – to argue that your benefits should be stopped or significantly reduced.

If you need a workers’ compensation lawyer in White Plains to stand up for you against the insurance company, call now for a free consultation.

Call (914) 810-0510 or email info@mcconnellinjurylaw.com.

The Law Office of Michael J. McConnell serves White Plains as well as the rest of Westchester County.

Page last updated 4/29/25.