Lead Counsel

097: Workers' Compensation & Personal Injury: Navigating Complex Intersecting Claims with Mary Ellen O’Connor


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On this episode of Lead Counsel, host Tom Tona welcomes Mary Ellen O’Connor, founder of O'Connor Law PLLC, a premier New York workers' compensation and Social Security disability law firm. Together, they dissect the complex intersections between personal injury and workers' compensation claims and provide actionable insights for attorneys and injured clients alike.

Whether you're a law firm handling injury cases, a solo attorney looking to grow your practice, or someone recently injured on the job or in an accident, this episode is a must-listen.

Key Highlights
  • How Workers' Compensation and Personal Injury Claims Intersect Understand the differences, overlaps, and when dual claims apply. Tom and Mary Ellen break down work-travel-related accidents, third-party claims, and construction site injuries.

  • Why “Staying in Your Lane” Matters Both guests emphasize the importance of legal specialization and how general practice attorneys may unintentionally harm their clients' outcomes in highly specialized areas like comp or PI.

  • The Real Deal on Workers' Comp Payouts Mary Ellen explains how compensation is calculated using state-set schedules and breaks down common myths, including why workers' comp isn't nearly as lucrative as some might think.

  • Understanding Social Security Disability Claims Learn about timelines, eligibility, and why SSD is not an entitlement, but a right earned through years of work and contributions.

  • Practical Advice for Legal Professionals From lien management to Medicare Set-Asides and settlement planning, discover why multi-disciplinary coordination is crucial in modern injury law practice.

  • Who Can Sue Employers and When? Delve into the exclusive remedy rule and its exceptions, including claims involving uninsured employers and specific municipal workers.

  • Insider Tips for Providers Chasing Compensation Payments Explore the HP1 process and challenges in collecting unpaid workers' comp bills, particularly from large entities like the City of New York.

This episode is a powerful knowledge resource for injury law professionals and clients seeking clarity in a complex legal landscape.

This podcast is sponsored by TonaLaw. Lawyers, Are you looking for a trusted partner for your New York personal injury referrals? Since 2001, Tonalaw has been the go-to personal injury firm for attorneys and law firms across the U.S. We pay legal fee participation to referring attorneys in all jurisdictions where permitted. Refer us a case today and experience the TonaLaw difference.

Call us at 833-TONALAW or visit tonalaw.com. Mention Lead Counsel and you’ll speak directly with Tom.

Links and Social Handles

Host: Tom Tona

  • Website: tonalaw.com

  • LinkedIn: Tom Tona

  • X: @NYPITrialGuy

Guest: Mary Ellen O’Connor

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Lead CounselBy Thomas Tona

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