Were you injured on the job in New York? At Hurwitz, Whitcher & Molloy, we help injured workers understand their rights after an on-the-job injury in New York.
If you were hurt at work, you may be dealing with medical appointments, a doctor’s work restrictions, and forms from an insurance carrier you have never dealt with before. Your paycheck may have stopped while those forms are still being processed. Our attorneys have represented injured workers before the New York State Workers’ Compensation Board for more than 50 years. We represent injured workers only, never employers or insurance carriers. Our New York on-the-job injury lawyer at Hurwitz, Whitcher & Molloy files your claim, deals with the carrier, and appears at your hearings. Contact our office to schedule a free consultation.
On-the-Job Injury Lawyer New York
A New York on-the-job injury lawyer represents employees who are hurt while doing their work. The injury may happen in one moment, as in a fall, or develop gradually through repeated strain. In either case, the claim is made through New York’s workers’ compensation system, which pays benefits without requiring proof that the employer was at fault.
Private industry employers in New York reported 122,400 nonfatal workplace injuries and illnesses in 2024, and BLS injury data shows that 71,600 of those cases involved days away from work, a job transfer, or restricted duty. A worker in that position must report the injury, obtain treatment, and deal with an insurance carrier. Our New York on-the-job injury attorneys manage that process for the clients we represent.
Types of On-the-Job Injury Cases We Handle in New York
Work injuries occur in every industry, from construction and manufacturing to health care, retail, and office work. We represent employees in claims arising from the accidents and conditions listed here. The type of accident shapes the evidence our New York on-the-job injury attorneys gather:
- Construction accidents. Scaffold failures, trench collapses, and equipment accidents injure workers in the building trades. These cases often involve a second claim against a property owner or contractor, and we evaluate both.
- Falls from heights. Workers fall from ladders, roofs, loading docks, and elevated platforms. We document the equipment that was provided and the condition it was in.
- Slip and falls. Wet floors, ice, and cluttered walkways cause falls in warehouses, kitchens, hospitals, and parking lots. If a party other than your employer controlled the property, a separate premises claim may apply.
- Struck-by accidents. Falling stock, moving forklifts, and swinging loads cause head injuries and fractures. Witness statements and incident reports are the main evidence.
- Machine entanglement. Clothing, hair, or a limb can be pulled into unguarded machinery. A work injury attorney at our firm examines the machine’s guarding and maintenance history, because a defect can support a claim against the manufacturer.
- Work-related vehicle accidents. Employees who drive as part of the job are covered when a crash occurs during a work task. The at-fault driver may also be liable in a separate lawsuit.
- Repetitive motion injuries. Lifting, typing, assembly work, and tool use can damage tendons, nerves, and joints over time. Medical records must connect the condition to specific job duties.
- Fires and explosions. Burns and inhalation injuries require long treatment and often cause permanent impairment. We work with treating physicians to document the full extent of the injury.
- Occupational diseases. Hearing loss, lung disease, and other conditions caused by workplace exposure are compensable. The filing deadline for these claims runs differently than it does for accidents.
Why Choose Hurwitz, Whitcher & Molloy as My On-the-Job Injury Lawyer in New York?
Five Attorneys Who Represent Injured Workers
Michael J. Whitcher has been with our firm since 1992 and concentrates his practice in workers’ compensation and personal injury. Kathleen A. Molloy, who joined in 1994, handles workers’ compensation, Social Security Disability, and New York No-Fault claims. Karen Hurwitz Small and our founder, Melvyn L. Hurwitz, limit their practices to claims before the New York State Workers’ Compensation Board. Samuel S. Feuerstein, a graduate of the UB School of Law, has practiced workers’ compensation law exclusively since his admission. He received the American Bar Association and Bureau of National Affairs Award for Excellence in Labor and Employment Law. Our personal injury lawyer in New York may find that someone other than your employer caused the injury, in which we can initiate a lawsuit against that party.
Experience Measured in Decades
Our five attorneys have more than 125 years of combined experience, and the firm has represented injured workers since 1970. We have helped thousands of clients. Our New York on-the-job injury attorneys practice before the Board regularly and know its procedures. The first consultation is free.
Understanding On-the-Job Injury Cases
Damages, Liability, and Compensation for On-the-Job Injury Cases
Liability in a workers’ compensation claim does not depend on negligence. Benefits are generally available even when the accident was your own fault. The system provides four main categories of compensation.
- Medical treatment. Necessary care for the injury is covered, including surgery, therapy, medication, and medical equipment.
- Wage replacement. Weekly payments replace a portion of your average weekly wage while you cannot work. Partial disability benefits apply when you return at reduced earnings.
- Permanent impairment. The Board can award compensation for the permanent loss of use of a body part or for a lasting disability.
- Death benefits. A surviving spouse and dependent children may receive weekly benefits and funeral expenses after a fatal work injury.
Workers’ compensation does not pay for pain and suffering. If a party other than your employer caused the injury, such as a driver, a property owner, or an equipment manufacturer, you may bring a lawsuit against that party. The two cases differ in what must be proven, and the lawsuit requires proof of negligence. New York’s comparative negligence rule reduces the damages by your share of fault. In a motor vehicle case, a 2026 amendment bars recovery when the injured person’s fault is greater than the defendant’s. Workers whose injuries prevent any return to employment may also qualify for Social Security Disability.
What Are Important Aspects of an On-the-Job Injury Case?
Deadlines and medical evidence control an on-the-job injury claim. The important aspects our New York on-the-job injury lawyers deal with the most often include:
- Notice to your employer. The Workers’ Compensation Board instructs injured workers to give the employer written notice within 30 days of the injury.
- The claim deadline. The Workers’ Compensation Law bars a claim that is not filed within two years of the accident.
- The lawsuit deadline. A personal injury lawsuit against a third party must be filed within three years under the general statute of limitations. Claims against public entities carry much shorter notice requirements.
- Authorized providers. Except in an emergency, your treatment must come from a health care provider the Board has authorized.
- Return to work. If your doctor releases you for light duty, you should speak with your attorney before you go back. Any return to work must be reported to the insurance carrier, and it changes the benefits you receive.
- Coverage questions. Coverage can be disputed for independent contractors and remote workers, and those disputes are decided on the facts of the working relationship.
What Is the On-the-Job Injury Case Timeline?
A claim the carrier accepts begins paying sooner than a claim the carrier contests. Contested claims must go through hearings.
- First steps. The first steps after a workplace injury are medical care and a written report to your employer.
- Claim filing. The claims process formally begins when the employee claim is filed with the Board. We prepare that filing.
- Carrier decision. The insurance carrier accepts the claim and starts payments, or it files an objection. It may send you to an independent medical examination.
- Hearings. A Workers’ Compensation Law Judge resolves disputes over whether the injury is work-related, the degree of disability, and the benefit rate.
- Permanency and resolution. When your condition stabilizes, the Board determines whether a permanent disability exists. Some claims conclude with a negotiated settlement.
What Should You Bring to Your On-the-Job Injury Consultation?
A few documents make the first meeting more productive with our New York on-the-job injury lawyer, but you do not need all of them to schedule it.
- The accident report or written notice you gave your employer is helpful.
- Medical records and work restriction notes show the nature of the injury.
- Recent pay stubs allow us to estimate your average weekly wage.
- You should bring every letter or form from the insurance carrier and the Workers’ Compensation Board.
The consultation is free, and our New York workplace injury lawyer can review the status of your claim, identify any deadline that is approaching, and explain what happens next.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
Our New York on-the-job injury attorney at Hurwitz, Whitcher & Molloy can take over communication with the insurance carrier and represent you before the Board. The first consultation is at no cost to you. Our phone line is answered 24 hours a day. Contact us to discuss your claim with our team today.