Serious Cases Require Serious Legal Representation: How a Yonkers Workers’ Compensation Lawyer Can Fight for the Money and Medical Care that You Deserve

Work-related accidents are serious. They deserve to be treated that way from start to finish. Every moment matters. Every dollar matters.

Yonkers workers’ compensation lawyer Michael J. McConnell knows that injured workers expect their lawyer to treat their case with the seriousness that it deserves.

The goal is to win. Period. And you fight tooth and nail under the law until you do.

As a former New York City prosecutor, Michael J. McConnell only knows one way to litigate a case: by taking a complete no-nonsense approach. He also spent over half a decade managing New York workers’ compensation cases for a major insurance carrier, which gives him firsthand knowledge of what wins against them and what doesn’t.

If you were hurt at work in Yonkers and are looking for an attorney to fight for you with the level of seriousness that your case deserves, then please contact the Law Office of Michael J. McConnell for a free consultation.

The free consultation will include an assessment of your case and comes with zero strings attached. It can be done in person, over the phone, or by video.

Call (914) 810-0510 or email info@mcconnellinjurylaw.com for your free case assessment.

Workers’ Compensation Basics: The No-Nonsense Guide for Workers in Yonkers

If you’ve been hurt at work in Yonkers, you might be wondering the following:

  1. Am I eligible for workers’ compensation?
  2. What are common work-related injuries?
  3. How long do I have to report an accident?
  4. Do I need a lawyer? Does it cost anything up front to hire one?
  5. Who pays for my medical expenses?
  6. Can I get paid for lost wages?
  7. How much is my workers’ compensation case worth?
  8. What if my employer retaliates against me for filing a claim?

These are all common questions and will be addressed below. As always, anything contained on this page is not legal advice. Instead, it is for general information and educational purposes only.

Who is Eligible for Workers’ Compensation Benefits?

Most employees in Yonkers are covered by the New York Workers’ Compensation Law. There are very few exceptions that could apply, but for the most part an employee hurt at work is likely to be covered.

It is important for workers to know that they can get benefits regardless of citizenship or immigration status.

Additionally, workers’ compensation is a type of “no-fault” insurance, which means you can generally get benefits regardless of who was at fault.

To get workers’ compensation, you must have an injury that occurred within the course and scope of your employment.

Here are some examples of common work-related accidents:    

  • Nurse who injured back assisting a patient.
  • Construction worker with rotator cuff tear from repetitive job duties.
  • Security guard with concussion after being assaulted on the job.
  • Bus driver who injured their neck during an accident with another vehicle.
  • Retail employee who slipped and fell during work.
  • Secretary with carpal tunnel from repetitive typing.
  • Mechanic who received stiches after being cut by equipment.

Common Workplace Injuries in Yonkers

So long as an injury, illness, or condition is causally related to one’s employment, it can generally be covered. With that said, here are some of the most common types of work injuries:

In addition to the most common injuries, there are others that can have an absolutely devastating effect on an injured worker’s life and/or their family, including catastrophic injuries and conditions such as:

  • Loss of limbs
  • Traumatic Brain Injury (TBI)
  • Spinal Cord Injury
  • Post Traumatic Stress Disorder (PTSD)
  • Cancer
  • Death

Especially if you have suffered any of the above catastrophic injuries, you are highly encouraged to speak with a workers’ compensation attorney as soon as possible.

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

In general, you must report a work accident in writing within 30 days. If you don’t, the insurance company or your employer might try to deny your claim due to late notice.

The best practice is typically to provide notice as soon as possible – such as right after the accident happens.

If you miss the deadline to report an accident, you may still have options.

In New York, there are limited situations that could excuse late notice such as an employee not initially realizing the extent of their injury.

It is of course recommended to speak with an attorney immediately if you are concerned about whether you gave proper notice.

In addition to properly notifying your employer, you must also file an Employee Claim Form with the New York State Workers’ Compensation Board within two years of the date of accident. It is of course much better to file this as soon as possible as it rarely would make sense to wait.

Do I need a lawyer for my workers’ compensation case?

Injured workers in Yonkers have a right to an attorney. While it is not required, it can be critical to winning your case. Here is why:

Among countless other things, your Yonkers workers’ compensation lawyer can:

  • Deal directly with the insurance company who is incentivized to pay you as little as possible so they can maximize their own profits.
  • Ensure proper notice and filing of your claim.
  • Represent you at hearings before a judge of the Workers’ Compensation Board.
  • Take depositions of doctors on your behalf.
  • Cross-examine any witnesses the insurance company brings to testify against you.
  • Challenge a denial of your claim and fight for fair compensation.
  • Litigate any issues of improperly denied medical treatments.
  • Pursue the maximum compensation available under the law for your lost wages and permanent disability (if applicable). 
  • Negotiate a favorable settlement.
  • Ensure that you don’t overlook potential sources of financial compensation.
  • Calmly guide your through the complicated process of a workers’ compensation claim.

It can feel overwhelming knowing that the insurance company handling your claim knows more about the process than you do.

Between that imbalance of knowledge and/or power in addition to their profit-making incentive to pay you the least amount possible, it can feel very uncomfortable navigating the system by yourself.

Having a trusted advocate to represent your interests can help put you on a level playing field and give you the peace of mind you deserve.

With that said, the decision of whether to get a lawyer is completely up to you.

If you do get an attorney for your workers’ compensation case, it is important to know that they do not typically cost a single penny up front. This is because they work on a contingency fee basis. This means they only get paid if you get paid first.

Also, unlike personal injury cases where the attorney’s contingency fee is usually 1/3rd, in New York workers’ compensation cases it is typically 15% or less. Plus any fee would have to be approved by a judge.

So the bottom line is this: hiring an attorney for your case will cost nothing up front and your lawyer will only get paid if you are awarded compensation by the NYS Workers’ Compensation Board.

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

If you have an accepted or established injury in New York, you can get necessary medical treatment for free.

The insurance company handling your claim is responsible for payment. You don’t have to pay a single penny. No copays or deductibles.

Types of covered medical care can include:

There are various other types of treatment that can be paid for as well. The bottom line is that if the treatment is necessary and appropriate, the injured worker doesn’t have to pay for it.

Some types of treatment may require authorization from the insurance company first depending on the type of treatment and what body part it is for. If there is any dispute regarding a denial of treatment that your doctor requests, the issue can be litigated.

Finally, in New York your case remains open for lifetime medical treatment. This means there is no arbitrary or statutory end date for getting the medical care that you need.

How much do I get paid for the time I miss from work?

Assuming you have a doctor’s report supporting your disability, you can get up to two-thirds of your average weekly wage while on workers’ compensation. There are state minimums and maximums established by law that could apply as well.

The biggest key to getting paid while out of work is to have up-to-date medical evidence. This is why it is important to immediately see a doctor if you are hurt and to continue seeing them as recommended.

Notwithstanding any clear medical evidence you have from your doctor, it is important to know that the insurance company might try several tricks to pay you less than what you deserve.

One such trick is a so-called “Independent Medical Exam” where they send you to the doctor of their choice usually with the goal of getting an “opinion” that you aren’t as disabled as your own doctor says.

If they do stuff like that, it is important to fight back and challenge the credibility of their doctor. A relentless and thorough deposition of that doctor can go a long way to showing that their opinion should be discredited.

The goal is always to win. Winning means getting the full amount of compensation that you deserve under the law and facts of your case.

When the insurance company tries to pay you less than what you deserve, it is critical to have a gameplan to fight back.

How much is my workers’ compensation case worth?

Determining the value of any case is very fact specific. One size fits all approaches simply don’t work.

Especially at the beginning of a case where you might only be a few days, weeks, or months from the date of the accident, it is in some ways pointless to make a prediction.

This is because the value of your case is largely determined by questions that really cannot be answered in most cases until a later point.

Typically once treatment is stable and the permanent impact of the injury is more apparent is when you can definitely get a better sense of the dollar value of the case.

Some of the questions that are essential to determining the amount a case is worth include:

  • Are you able to return to work? If yes, is it the same job as before the accident or does your injury require you to work a different job that pays less?
  • Is your injury going to result in permanent impairment? If so, how severe is it?
  • How much additional medical care will you need? What will it consist of? Any future surgeries?
  • What is your average weekly wage? (If two cases have the same exact facts except one has a higher AWW, then the one with the higher AWW will typically get more money all else being equal.)

What a lawyer can help with even from the start of the case is that they can give an injured worker an overview of the types of compensation that might be available. This can help give them a better idea of what to expect depending on how things actually play out.

What if my boss retaliates against me for filing a claim?

If you suffer retaliation at work because you filed a workers’ compensation claim, that is illegal.

If you believe you have suffered retaliation from filing a claim, you should consider legal representation immediately to protect your rights.

Conclusion: Yonkers Workers’ Compensation Lawyer Michael J. McConnell Stands Ready to Seek Justice for Injured Workers

If you or a loved one has been injured or died in a work-related accident in Yonkers, please contact the Law Office of Michael J. McConnell immediately for a free consultation.

There are immediate things a lawyer can do on a case from day one that can set the claim up for success.

All work-related injuries are serious, and with Yonkers workers’ compensation lawyer Michael J. McConnell they will be treated as such.

Page last updated 4/21/25.