Need a New York Workers’ Comp Attorney to Fight for You?

If you’ve been injured on the job, you may be entitled to New York workers’ compensation benefits, including payment for lost wages, medical bills, and permanent impairment.

Navigating the New York workers’ comp system can be frustrating and confusing—especially when you’re in pain, out of work, and facing pressure from your employer or the insurance company.

A trusted New York workers’ compensation attorney can help you get everything that you deserve under the law.

So don’t wait. It’s free to talk with a workers’ comp lawyer in New York about your case, so it never hurts to call. You’ll then be able to decide whether hiring a lawyer is the right move for you.

Get a Free Consultation with Michael J. McConnell – Workers’ Comp Lawyer in NY

Attorney Michael J. McConnell is a former NYC prosecutor who takes a complete no-nonsense approach to litigation. He also has over half a decade of experience handling exclusively New York workers’ compensation claims for one of the most prominent insurance carriers. This gives him a tremendous amount of insider knowledge regarding how insurance adjusters determine the value of cases, the way they investigate accidents, how they negotiate settlements, and what strategies they use during litigation. He also knows what facts and action steps can be used as strong leverage to pursue a top dollar settlement for a workers’ compensation case.

The Law Office of Michael J. McConnell serves injured workers throughout New York, including NYC (all 5 boroughs), Westchester County, Rockland County, and Long Island.

For a free consultation regarding your workers’ compensation case:

This free case evaluation can be done over the phone, by video, or in person at our Westchester County office in Ardsley, NY. The office is easy to reach from nearby Yonkers, White Plains, Mount Vernon, the Bronx, and Rockland County. There is plenty of free parking on site as well.

Client-First Approach

The pain, shock, and uncertainty after a workplace accident can create a lot of stress. Things tend to get even worse when an employer or insurance company starts treating the injured worker unfairly. When that injured worker hires a workers’ comp attorney, they deserve representation that is client centered. This means putting the client’s needs first without exception.

Attorney Michael J. McConnell has three core values for a client-centered approach that will apply to every case.

  1. Consistent communication with the client throughout their case from start to finish. This is done by regularly scheduled check-in meetings so that clients are always informed and by being available when clients need to talk.
  2. Clear and direct guidance so that the injured worker understands what is going on with their case and what to expect moving forward. Much of workers’ comp in New York can be complicated, which is why it is key for a lawyer to break things down, simplify the complex, and give clear direction.
  3.  Compassionate legal representation to help clients through one of the most difficult times of their lives. An attorney needs to be aggressive in court and when dealing with the insurance company, but Michael J. McConnell understands that empathy, careful listening, and compassion are among the most important things that clients need when they speak with their attorney.

At the Law Office of Michael J. McConnell, your direct contact is always your attorney – not a paralegal or support staff. Why is this? Well, it’s because when injured workers hire a lawyer they expect the lawyer to be the one guiding them through the case. Attorney Michael J. McConnell agrees with that, which is why when you hire him as your lawyer, you can rest assured knowing that he is handling your file, not anyone else.

Zero Upfront Costs to Hire a Workers’ Comp Lawyer

If you decide to hire Michael J. McConnell as your workers’ compensation lawyer, it will cost you absolutely nothing up front since he works on a contingency fee basis. Any payment he receives as your workers’ compensation lawyer will be a fee paid from money benefits you are awarded by a Workers’ Compensation Law Judge with the New York State Workers’ Compensation Board or as a portion of any settlement. 

How Much is the Attorney Fee for a Workers’ Compensation Case?

The fee for a New York workers’ compensation lawyer is typically set by statute and will be much lower than the typical attorney fee of one-third in a personal injury lawsuit case such as a car accident. In a workers’ compensation case, the lawyer’s fee will most often be around 15% or so depending on the amount of work the lawyer did on your claim consistent with state law and/or a determination by a New York Workers’ Compensation Law Judge. So the bottom line here is that hiring a New York Workers’ Compensation Lawyer like Michael J. McConnell will cost you nothing up front and he will only receive payment for his work if he gets a workers’ compensation judge to award you financial compensation.

Quick Overview of the Workers’ Compensation Process in New York 

If your workers’ compensation claim is accepted by your employer’s insurance carrier or established following litigation by the New York State Workers’ Compensation Board, there are several types of compensation benefits you could be entitled to. These benefits can include:

Additionally, for injured workers who sadly die from a work-related accident or condition, their surviving families can receive compensation related to the death (typically referred to as “survivor benefits”). 

Every case is unique, so depending on the exact facts of a particular case some of these benefits may apply while others may not. There are also other types of less common benefits not mentioned here that could be applicable too, which is why a skilled workers’ compensation attorney can identify the exact types of benefits you might be entitled to and can come up with a gameplan to get you the best possible outcome under the law and facts of your case. 

Common Work-Related Injuries

  • Broken bones
  • Back and neck injuries
  • Repetitive stress injuries (e.g., carpal tunnel)
  • Joint injuries (shoulder, knee, hip)
  • Brain and spinal cord injuries
  • Sprains and strains
  • Occupational diseases (e.g., cancer, lung conditions)
  • Post Traumatic Stress Disorder (PTSD), anxiety, and depression
  • Hearing loss and vision impairment
  • Catastrophic injuries and death

Jobs Eligible for Workers’ Comp in New York

Most jobs in New York are eligible for workers’ compensation with just a few exceptions. Here are some of the types of jobs that are generally eligible for workers’ comp:

  • Nurses and healthcare workers
  • Construction workers
  • Truck drivers and delivery drivers
  • Mechanics and factory workers
  • MTA, transit, and public employees
  • Restaurant, grocery, and retail workers
  • Home health aides and nursing home staff
  • Casino workers and security personnel
  • Fast food employees

The Reality of New York Workers’ Compensation: Insurance Company Tactics, Claim Denials, and Litigation

While the workers’ compensation system was designed to help injured workers, the reality is that your employer’s insurance company is a for-profit business, which gives them a tremendous incentive to try to pay as little as possible for your injury.

For example, the insurance company may “deny” your claim and question whether you are genuinely hurt. By denying your claim, they will refuse to pay you anything for your lost wages, refuse to pay for your necessary medical treatment, and sometimes even send you to a doctor of their choice (strangely labeled an “Independent Medical Exam”) to minimize the extent of your injuries and challenge the credibility of your own doctor. 

If your claim has been denied or the insurance company is otherwise treating you unfairly, the remedy is to litigate the issue before a judge of the New York State Workers’ Compensation Board. You have a right to a lawyer for your workers’ compensation claim, which can make a critical difference as navigating these adversarial proceedings against the savvy insurance companies and their lawyers can be especially intimidating for an injured worker who is unfamiliar with this system and is simply struggling to make ends meet while out of work for their injury.

Having a workers’ compensation lawyer to fight back and advocate for your rights is often the first step to letting the insurance company know that you mean business and are not going to play games when it comes to the compensation you deserve. 

How a Lawyer Can Help an Injured Worker

There are a number of really important things a workers’ compensation lawyer can do for you when the insurance company refuses to fairly compensate you or even outright denies your claim.

For example, the lawyer can request hearings, take depositions, cross-examine any witnesses testifying against you, and make appropriate legal arguments to the judge. If the litigation on your behalf is successful, the workers’ compensation judge will have the power to order the insurance company to pay you the compensation you deserve under the law.

Also important to know is that even if you are able to return to work in some capacity after your injury, you can still receive necessary medical treatment and may also be entitled to permanent impairment benefits depending on the facts of your case.

Insurance companies will typically not tell you that you could receive an additional award in the form of financial compensation for permanent impairment, which sadly causes many injured workers in New York to never realize that they could have received additional compensation for their injury (and sometimes a very significant amount).  

Permanent Impairment Benefits in New York: Schedule Loss of Use, Permanent Partial Disability, and Permanent Total Disability

There are essentially three categories of permanent impairment benefits in New York:

  1. Schedule Loss of Use (SLU)
  2. Permanent Partial Disability (PPD)
  3. Permanent Total Disability (PTD)

The type of permanent impairment that could apply to your case will depend on the specific body part you injured (or condition, illness, disease, etc.) and the severity of it. 

Schedule Loss of Use Awards

A schedule loss of use (SLU) commonly applies when there is permanent impairment to one of your limbs or extremities, but you could also receive a SLU for things like vision loss, hearing loss, and disfigurement (facial scarring, etc.). For a SLU, you can receive an additional award typically paid as a lump sum on top of any compensation you may have received for your actual lost time from work in recognition of your permanent loss of use of the injured body part.

Injuries that result in permanent impairment to the following body parts or systems can result in a SLU award:

  • Upper extremity (shoulder, arm, hand, wrist, elbow, fingers)
  • Lower extremity (knee, leg, ankle, foot, hip, toes)
  • Vision Loss
  • Hearing Loss
  • Disfigurement (facial scarring, etc.) 

It is important to note that any payment that you are awarded for a SLU will take credit for prior payments made to you for the actual temporary lost time that you had from work, but nevertheless a SLU can still result in a significant amount of compensation in recognition of your permanent impairment from your injury (such as loss of range of motion among other things). So the bottom line here is that even if you have returned to work, you can still be entitled to a SLU award if there is permanent impairment. 

What is troubling, however, is that there are likely hundreds if not thousands of New Yorkers every year that get hurt at work and have no idea that they could be entitled to a financial award like a SLU. Sadly, this is often because the injured worker may have returned to work at some point after the injury and assumed that their case was “closed” or over with. This is far from the truth, but unfortunately insurance adjusters are often not going to tell the injured worker that they might be in line for additional financial compensation for permanent impairment, which is why hiring a New York workers’ compensation lawyer can be so critical as it can help prevent you from leaving money on the table. 

Permanent Partial Disability Benefits

In contrast to SLU awards, an injured worker can be eligible for permanent partial disability benefits (PPD) if they have a loss of wage earning capacity (LWEC) due to a non-schedule permanent impairment to body parts or conditions not covered by a SLU. For example, injuries to any of the following could potentially result in PPD benefits based on LWEC: 

  • Back
  • Neck
  • Pelvis
  • Head
  • Brain
  • Heart
  • Lungs

PPD benefits are based on the injury causing a loss of wage-earning capacity, which essentially means that the injury is permanent and negatively impacts your ability to earn a living. What makes PPD significantly different from SLU is that the determination for PPD is very fact specific and somewhat subjective as the workers’ compensation judge must consider not just the medical opinions detailing the permanent impairment but also other factors such as your past employment history, education level, and other factors that impact your ability to earn a living with the specific injury. 

What also makes PPD different than SLU is that compensation for PPD does not typically come as a lump sum. Instead, these payments are paid out at an established weekly rate for a specified number of weeks per the Workers’ Compensation Law. This means you will receive your PPD benefits over a longer duration. Additionally, the number of weeks payable are capped for any accident that occurred on or after 3/13/07, meaning that once you receive payment for all of the weeks owed you will generally no longer be entitled to receive indemnity benefits. At that point, your claim will typically only remain open for you to seek medical treatment should it be necessary. Given the long-term significance of a PPD finding, injured workers may want to have a lawyer by their side to maximize the potential amount of PPD benefits based on their injury. 

Permanent Total Disability Benefits

Finally, there are permanent total disability benefits (PTD), which can apply if the injured worker suffered a permanent disability that causes them to be unable to work for the rest of their life. This means that PTD benefits are only likely to be available for catastrophic injuries and conditions like severe brain injury, loss of limbs, severe spinal cord injury, paralysis, and other major injuries. Unlike PPD benefits, these PTD benefits are generally not capped, which means they can continue for the rest of the injured worker’s life. The rate of weekly pay for PTD will typically be 2/3rds of your average weekly wage subject to the state minimum and maximum amounts.

Settlement of Your Workers’ Compensation Claim in New York

At some point during the course of your New York workers’ compensation case you may also have the opportunity for a settlement. Settlement of your workers’ compensation claim is basically a negotiated agreement between the injured worker and the insurance company to resolve any issues or disputes concerning your claim for indemnity and/or medical treatment benefits. Under Section 32 of the New York Workers Compensation Law, you can settle all or part of your workers’ compensation claim. 

By settling your claim, you may receive a tax-free lump sum payment from the insurance company in exchange for giving up certain rights you may have on your New York workers’ compensation claim, including but not limited to ongoing lost time payments and medical treatment. There are also certain situations where instead of a lump sum settlement payment you can have an annuity set up. A New York workers’ compensation lawyer can help you evaluate whether a settlement of your case makes sense for your particular situation. 

Settling a New York workers’ compensation claim under Section 32 is a major decision and is not to be taken lightly, especially a “full and final settlement” that will close your claim out forever. This is why before you settle full and final it is generally best practice to consult with your doctor on the potential need for further treatment so that you have a solid understanding before closing out your claim in exchange for a lump sum. Of course, nobody has a crystal ball and can perfectly predict with precision what the future may hold, but as with anything in life it is critical to consider the best available information and evidence before making important decisions such as whether to settle your workers’ compensation claim. A New York workers’ compensation lawyer can help you assess the settlement value of your case, understand the risks and benefits of settlement, and make sure you do not get shortchanged by the insurance company on your settlement.

Speak With a Workers’ Compensation Lawyer Today

The good news for injured workers is that despite all of the complexities of the New York workers’ compensation system, a consultation with a Westchester workers’ compensation lawyer like Michael J. McConnell is completely free and you can ask him any of the questions that you might have. 

You can contact the Law Office of Michael J. McConnell for your free consultation by calling the office at (914) 810-0510 or submitting an online request through our website.

The Law Office of Michael J. McConnell is located at 547 Saw Mill River Road, Suite 1D2, Ardsley, NY 10502.

The office is also conveniently located just down the street from various doctors, physical therapists, chiropractors, and related medical providers, including Doctors United in Ardsley, NY. Additionally, the office is just a very short drive away from major hospitals, including: White Plains Hospital, Montefiore Nyack Hospital, St. John’s Riverside Hospital, Westchester Medical Center, Montefiore Mount Vernon Hospital, New York-Presbyterian, Phelps Hospital, Montefiore New Rochelle Hospital, Montefiore Hospital (Bronx), and various others.

The close proximity to various medical providers can make it easy and efficient for clients to drop in before or after their appointments throughout the duration of their case, which can be really important as the Law Office of Michael J. McConnell firmly believes that a core principle of proper legal representation includes frequent and consistent contact between the lawyer and their client. 

Locations Our Office Serves for Workers’ Compensation

The Law Office of Michael J. McConnell is dedicated to helping injured workers throughout New York State, including:

  • Westchester County
    • Ardsley
    • Bronxville
    • Eastchester
    • Elmsford
    • Greenburgh
    • Harrison
    • Mamaroneck
    • Mount Kisco
    • Mount Vernon
    • New Rochelle
    • Ossining
    • Peekskill
    • Pleasantville
    • Port Chester
    • Tarrytown
    • Valhalla
    • White Plains
    • Yonkers
  • New York City
    • The Bronx
    • Manhattan
    • Queens
    • Brooklyn
    • Staten Island
  • Rockland County
    • Clarkstown
    • Haverstraw
    • Nanuet
    • New City
    • Nyack
    • Orangetown
    • Spring Valley
    • West Nyack
  • Long Island
    • Nassau County
    • Suffolk County

Page last updated May 23rd, 2025.