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Workers’ Compensation Basics In New York

When you’ve been injured while working, a workers’ compensation lawyer New York men and women trust may be needed. The workers’ comp system has been designed in a way that makes it easy to file for benefits right away. Some injured workers will be able to do this, and have little to no problems. Others will find the system to be difficult to navigate. In other cases, it might seem as if the system is actually against them, and their rights. 

Hurwitz, Whitcher & Molloy, Attorneys at Law, know how difficult it can be for some to access the benefits they need and deserve. For years we have been helping people like you recover maximum worker’s compensation benefits. Whether you have not filed yet, or you’ve been denied, let a New York workers’ compensation lawyer review your case and explore your options. Call Hurwitz, Whitcher & Molloy, Attorneys at Law, today. 

Reporting the Injury

In New York you must notify your supervisor, or a person in authority, about the injury or accident. This must be done within 30 days. Although an oral notice is acceptable, you should provide them with a written notice. Be sure to keep a copy for your own records. There are a few exceptions to this rule which a workers’ compensation lawyer in New York can explain to you. 

Seeing Your Own Doctor

In general you can be treated for your work injury by any healthcare practitioner who has been authorized by the New York Workers’ Compensation Board. These practitioners include primary care physicians, specialists, therapists, chiropractors, hospitals, and clinics. 

Who Will Cover Your Medical Bills?

As long as your claim is accepted by your employer or their workers’ compensation insurance company, your medical bills will be covered by either party. You will not have any deductibles or co-pay. As a workers’ compensation lawyer New York respects might tell you, you should never be expected to pay for any treatment that is directly related to a work injury. If your employer is refusing to pay, or is insisting you are responsible for some of the cost, call a lawyer. 

Compensation for Lost Wages

You will have to wait seven days before you can receive cash benefits. If your injury renders you unable to work for at least 14 days, benefits for lost wages will be payable from day one. If you are completely disabled, you will be entitled to two thirds of your average weekly salary. There different applicable rules that must be followed depending on the circumstances of your injury. 

Is There a Risk of Losing My Job?

By law your employer cannot fire you in retaliation for filing, or attempting to file, a workers’ compensation claim. If you were injured while working, you can prepare and sign a Workers’ Compensation Form C-3, and file it with the state board. This must be done within two years of the accident date or the onset of the illness. A workers’ compensation lawyer in New York would advise against waiting any unnecessary time as it could work against your case. 

Is a Lawyer Needed?

The workers’ compensation system is not always easy to follow. There are many rules and laws that have to be adhered to. Furthermore, these change on a regular basis. If your claim is beyond a simple, or straightforward injury, or you’ve been denied, you should consult a lawyer. Even if you think your claim is simple, you risk nothing by reaching out to a workers’ compensation lawyer in New York. 


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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.