Suffolk County Cook Secures $107,000 Workers’ Compensation Settlement | August 2026

When an on-the-job injury turns your life upside down, the physical pain is often only half the battle. For many injured workers, the secondary battle of dealing with relentless denials from insurance carriers can feel just as overwhelming. When a cook for an Independent Living Association suffered a workplace fall, she expected the insurance system to help her recover. Instead, she faced years of pushback, denied surgeries, and delayed benefits. For over five years of persistent litigation, McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP fought to secure the medical treatment she needed and ultimately won a $107,000 settlement on her behalf.

In August 2021, a cook was working when she slipped and fell down a flight of stairs. The fall caused injuries to both arms, her chest, back, and neck. Unable to return to work, she needed intensive medical care and income replacement. However, within just two weeks of the accident, she began experiencing resistance from the insurance carrier. Unable to get approved for treatments and a complete lack of income, she turned to McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP for help.

By February 2022, our firm instantly took action to protect her rights. Recognizing that she was receiving little to no financial support, Attorney Shane Farrell immediately requested a formal hearing with the New York State Workers’ Compensation Board. Shane successfully fought in court for her claim, securing increased weekly wage replacement checks to keep her financially stable while she was out of work, and ensuring her right to medical care.

In January 2023, a major challenge arose when the cook revealed a previous motor vehicle accident from 2004 that left her with prior neck issues and herniated discs. When an insurance carrier finds evidence of a prior injury to the same body part, they will argue that the current pain is from an old condition, aiming to minimize liability from the employer and to cut off financial and medical benefits. Using her 2004 accident as an excuse, the carrier repeatedly denied doctor-recommended neck surgery. While she completed every non-surgical treatment approved, LICOMPLAW worked closely with her doctors to assemble the medical evidence needed to disprove the carrier’s claims.

In February 2025, Partner James Seganti took the case to court to directly challenge the insurance carrier’s continuous denials. Seganti presented clear medical evidence demonstrating that the workplace fall severely exacerbated her prior injuries, creating entirely new symptoms and physical damage. The judge ruled in her favor, officially connecting her neck injury to the work accident and ordering the insurer to approve her surgery.

Our client underwent surgery in 2026 and continued receiving weekly compensation during her recovery. However, the carrier continued to complicate her care by denying doctor-prescribed physical therapy. Attorney Zachary Dworken stepped in to litigate the dispute in court, presenting essential medical documentation that successfully secured her physical therapy approvals.

By April 2026, after years of court hearings, she was ready to settle her claim. When the insurer made an initial payout offer, Dworken recognized it was far too low and rejected it. Knowing another court date was approaching to address additional injuries and treatment requests, he used that upcoming hearing as leverage to push the insurance company to negotiate fairly. The insurance carrier agreed to increase their payout and Dworken finalized a $107,000 settlement, concluding the long case on high terms.

This case a prior injury does not stop you from receiving full compensation when a workplace accident makes your condition worse. At McIntyre, Donohue, Accardi, Salmonson & Riordan, LLP, we know that insurance companies rarely make the recovery process easy. That’s why we are committed to standing up for injured workers and fighting for the rights of each and every one of our clients.

If you’ve been injured on the job, don’t face the workers’ compensation system alone. For more information or to discuss your case, contact our office at (866) 557-7500 to schedule your free consultation today.