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Answering Workers’ Comp Questions

More than 2.8 million U.S. workers experience illnesses or injuries at the workplace every year that will cause them to miss time at work. Whether it’s a fall, a burn, a repetitive stress injury, a machinery-caused accident, an illness of any kind, etc., workers should have recourse to make sure they are fairly compensated.

What is workers’ compensation (comp)?

Workers’ comp is an employer-paid insurance that provide benefits to employees who suffer work-related injuries or illnesses.

Are all workers’ comp laws the same?

No. Almost all states require employers to purchase workers’ comp insurance when they don’t have other insurance covering workplace injuries. Details about the insurance coverage (including the scope of coverage, the size of businesses that fall under the law, industry sectors covered, etc.) are determined by each state.

What injuries are covered under workers’ comp?

  • You were injured while employed and on the clock.
  • You reported the injury promptly to your employer.
  • You filed a workers’ comp claim within the statute of limitations (a time set under state law for reporting such injuries). This is typically 1-3 years.

Are workers’ comp injuries fault based?

No. Employees don’t have to prove that the employer was at fault and caused their injury. As long as workers were acting in the course of their duties when the accident happened, their injury claim will likely be valid.

What injuries are NOT covered under workers’ comp?

While state laws differ, most workers’ comp plans do not cover these injuries:

  • Injuries sustained in a fight that the employee started.
  • Injuries occurring when an employee is intoxicated.
  • Injuries that an employee gets intentionally.

What expenses are covered under workers’ comp?

In nearly all cases, workers’ comp covers missed wages, most medical expenses (including doctor appointments, physical therapy or chiropractic sessions, x-rays, blood tests, etc.), vocational rehabilitation to help workers get back to work and death benefits, like funeral costs, should a worker die from a work-related incident.

Do I need a workers’ comp lawyer?

If your injuries are minor and you receive prompt payment, there’s likely no need for an attorney. However, if you have pre-existing conditions (e.g., you’ve previously had back pain treated, etc.), your ability to do your job has been jeopardized, or your claim has been denied, you should seriously consider hiring a workers’ comp attorney, who can make sure your rights are protected.

There are many issues to consider when resolving work-related injuries, as an attorney, like a workers’ comp lawyer in Lockport, NY, from a firm like Hurwitz, Whitcher & Molloy, Attorneys at Law, can explain.

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Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.