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Workers Comp Lawyer NY

Eligibility For Workers Compensation Claims In New York

At Hurwitz, Whitcher & Molloy, we understand that navigating the complexities of Workers’ Compensation claims in New York can be overwhelming. With strict filing deadlines, confusing paperwork, and a maze of legal requirements, it’s easy to feel lost and uncertain about your eligibility for benefits. Our experienced team of dedicated attorneys is here to guide you through every step of the process. We will help you understand the full scope of your rights under New York State law, meticulously review your case to determine eligibility, and aggressively represent your interests to ensure you receive the benefits you deserve. Trust us to be your advocates in securing the compensation you need to recover and move forward.

Workers’ Compensation Lawyer NY

Can an employee be terminated while on workers’ compensation in New York?

In New York, it is generally illegal for an employer to terminate an employee solely because they have filed a workers’ compensation claim. State laws protect workers from retaliatory actions such as termination, demotion, or discrimination when they exercise their right to seek compensation for workplace injuries or illnesses. However, it is important to note that an employer can still terminate an employee while they are on workers’ compensation for reasons unrelated to the claim, such as company-wide layoffs, ongoing performance issues, or other legitimate business reasons. Therefore, if you have been terminated while on workers’ compensation, it is crucial to consult with legal experts to determine whether your termination was lawful or constituted unlawful retaliation. The attorneys at Hurwitz, Whitcher & Molloy can help you navigate this complex issue and advise you on the best course of action.

Steps Following an Accident in the Workplace

Navigating the aftermath of a workplace accident requires a clear understanding of the steps to take. At Hurwitz, Whitcher, & Molloy, we’re here to provide you with guidance and support during this challenging time. Here’s a step-by-step breakdown of what to do following an accident in the workplace:

  • Prioritize Your Health and Safety: Your well-being comes first. Seek immediate medical attention if you’ve been injured. Notify your supervisor or employer about the incident as soon as possible.
  • Report the Accident: Inform your employer about the accident and provide details about what happened, the injuries sustained, and any witnesses present. This reporting is essential for your claim.
  • Document the Scene: If it’s safe to do so, gather evidence from the accident scene. Take photos of the area, any equipment involved, and your injuries. This documentation can be valuable later.
  • Seek Medical Treatment: Obtain medical treatment from a healthcare provider authorized by the New York Workers’ Compensation Board. Proper medical documentation will be crucial for your claim.
  • Notify the Workers’ Compensation Board: If your injuries lead to absence from work for more than seven days, your healthcare provider will notify the Workers’ Compensation Board. Ensure that this notification takes place.
  • Consult with Legal Experts: Reach out to the experienced workers’ compensation lawyers at Hurwitz, Whitcher, & Molloy. We can provide you with comprehensive legal guidance tailored to your specific situation.
  • File a Claim: Work with your legal representative to file a workers’ compensation claim with the New York Workers’ Compensation Board. This claim formally requests benefits for your injuries.
  • Cooperate with Investigations: Your employer’s insurance company and the Workers’ Compensation Board may conduct investigations. Cooperate fully and provide accurate information.
  • Follow Medical Instructions: Adhere to your healthcare provider’s instructions for recovery and rehabilitation. Keep all medical records and receipts related to your treatment.
  • Stay Informed: Your legal team will keep you informed about the progress of your claim. They will negotiate on your behalf and ensure that your rights are protected.

A workplace accident can be overwhelming, but you don’t have to go through it alone. The dedicated team at Hurwitz, Whitcher, & Molloy is here to provide you with the expert advice and representation you need to secure the compensation and support you deserve.

Appealing A New York Workers’ Comp Denial

Appealing a Workers’ Compensation denial in New York involves several steps, each with its own timelines and requirements. Here is a guide to help you navigate this process:

  • Review the Denial Letter Carefully: Understand the reasons for your claim denial. This will help you counter the arguments effectively.
  • Consult Your Attorney: If you haven’t already, now is a good time to consult a Workers’ Compensation attorney to guide you through the appeals process.
  • File a Written Appeal: The first formal step in the appeals process usually involves filing a written appeal. In New York, this is commonly done by submitting a form called “Application for Review” (Form RB-89) to the Workers’ Compensation Board. Make sure to file this within 30 days of receiving your denial notice.
  • Submit Additional Evidence: Collect any additional medical records, bills, or other documentation that may help your case. Submit this evidence as part of your appeal to provide a stronger case for your eligibility.
  • Preparation for Hearings: After you file your appeal, you will likely be scheduled for a series of hearings before an Administrative Law Judge (ALJ). Prepare for these hearings by consulting with your attorney and gathering all necessary evidence and witnesses.
  • Attend Hearings: During these hearings, you’ll have the opportunity to present your case, including any new evidence or witnesses. Your employer and their insurance company will also have a chance to present their side.
  • Review ALJ Decision: After the hearings, the ALJ will issue a written decision. If the decision is in your favor, your benefits will be awarded accordingly. If not, you can proceed to the next level of appeal.
  • Appeal to the Workers’ Compensation Board Panel: If dissatisfied with the ALJ’s decision, you can appeal to a three-member panel at the Workers’ Compensation Board. This must usually be done within 30 days from the filing date of the ALJ’s decision.
  • Further Appeals: If you’re still not satisfied with the outcome, you may be able to appeal to the Appellate Division of the Supreme Court of New York. Beyond that, further appeals can be made to the New York Court of Appeals, though such cases are rare.
  • Legal Representation: Throughout this process, it is highly advisable to have an experienced Workers’ Compensation attorney guiding you, to improve the likelihood of a successful appeal.

Each case is unique, so consult professionals like those at Hurwitz, Whitcher & Molloy to help you navigate your specific situation.

Workers Comp Laws

Trying to understand workers compensation laws can be a stressful and intimidating task, as a workers comp lawyer knows. For those who find themselves facing a work-related injury or illness, understanding these laws is paramount to securing the benefits you deserve. Being well-versed in these regulations can make the difference between a smooth claim process and a drawn-out legal battle.

The Basics Of Workers’ Compensation In New York

The workers compensation system is meant to provide benefits to injured employees who have suffered injuries or illnesses on the job. This no-fault system means that employees can receive benefits regardless of who was at fault for the injury, whether it was the employer, a co-worker, or the employee themselves. It’s a safety net designed to protect workers and their livelihoods.

Employers in New York are generally required to carry workers’ compensation insurance to cover these benefits. If an employer does not have insurance, they may face significant fines and even criminal charges. On the flip side, employees who are covered under workers’ compensation relinquish their right to sue their employer for negligence relating to the injury. Because of this, there is a balance between employer accountability and worker protections. 

Determining Eligibility And Claiming Benefits

As a workers comp lawyer can explain, not every injury or illness is covered under worker compensation. To be eligible, the injury or illness must arise out of and in the course of employment. This includes accidents that occur on the job, as well as occupational diseases that develop over time due to workplace exposure. Timely reporting and proper documentation are essential components in this eligibility process. Once an injury occurs, it is vital for the injured party to promptly notify their employer in writing. From there, a formal claim process begins, which may involve medical examinations, documentation, and more. Being proactive and organized can significantly streamline this process.

Disputes And Legal Representation

There are often disputes in workers compensation cases. Whether it’s a disagreement over the extent of an injury, the amount of benefits owed, or the nature of the medical treatment required, these disputes can become complex. When disagreements occur, the New York Workers’ Compensation Board gets involved to resolve the issues. It’s in these moments that expert legal advice can be a game-changer. Legal professionals, like those at Hurwitz, Whitcher & Molloy, have a deep understanding of the intricacies of New York’s workers’ compensation laws. They can guide injured workers through the process, advocate on their behalf, and ensure that they receive the benefits they are entitled to. Their expertise can transform a daunting process into a manageable one.

Looking To The Future

As laws and regulations evolve, it’s essential for both employers and employees to stay updated on the latest developments in workers’ compensation in New York. This ensures that businesses remain compliant and that workers are well-informed about their rights and entitlements. Continual education and vigilance are the keys to staying ahead. Don’t navigate the complexities of workers’ compensation alone. Reach out to the experienced team at Hurwitz, Whitcher & Molloy. With our knowledge and dedication, we’ll ensure you receive the benefits and representation you deserve. Set up a consultation with a trusted workers comp lawyer near you so that you can maximize your benefits.


How long does it take to settle a workers comp case in NY?

The duration it takes to settle a workers’ compensation case in New York can vary widely depending on several factors, including the complexity of the case, the severity of the injuries, and the willingness of the parties to reach an agreement. Simple cases where the employer and insurance company quickly acknowledge fault may be resolved in a matter of weeks or months. However, for more complicated cases that require multiple hearings, appeals, or extensive medical evaluations, the process can stretch out for a year or more. It’s crucial to consult with experienced attorneys like those at Hurwitz, Whitcher & Molloy, who can give you a more personalized time estimate based on the specifics of your case.

How long can you stay out on workers comp in NY?

The length of time you can stay out on workers’ compensation in New York depends on the nature and severity of your injury, as well as the medical evidence supporting your need for ongoing treatment and recovery time. While there is no fixed maximum period for receiving workers’ compensation benefits in New York, cases are frequently subject to periodic reviews by the Workers’ Compensation Board and your employer’s insurance company. These reviews can affect the continuation of your benefits. It’s crucial to maintain accurate and up-to-date medical records to justify the length of your absence from work. For personalized guidance, consult experienced attorneys like those at Hurwitz, Whitcher & Molloy to better understand how long you may be eligible to receive workers’ compensation benefits based on your specific situation.

Does my employer have to hold my job while on workers comp in NY?

In New York, there is no statutory requirement that compels an employer to hold your job while you’re on workers’ compensation. However, other laws, such as the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA), may provide some job protections under certain conditions. It’s also important to note that New York law prohibits employers from retaliating against employees for filing a workers’ compensation claim. That said, you could still be laid off or terminated for reasons unrelated to your workers’ compensation claim, such as company-wide downsizing or persistent performance issues. Due to the complexities involved, it’s advisable to consult with experienced legal professionals like those at Hurwitz, Whitcher & Molloy to understand your rights and the protections available to you while on workers’ compensation.

Can I lose my health insurance while on workers comp in NY?

In New York, there is no specific law that prevents employers from discontinuing your health insurance while you’re on workers’ compensation. However, laws like the Family and Medical Leave Act (FMLA) or the Consolidated Omnibus Budget Reconciliation Act (COBRA) may offer some protections for maintaining your health insurance. It’s essential to review your employer’s policies and any applicable collective bargaining agreements that might address this issue. Being on workers’ compensation does not automatically protect your health insurance benefits, so it’s important to discuss your situation with experienced legal advisors like those at Hurwitz, Whitcher & Molloy to better understand your rights and options concerning health insurance while you’re out on workers’ compensation.

Why Choose Hurwitz, Whitcher & Molloy as Your Workers’ Compensation Lawyers in New York?

In the labyrinthine world of New York’s Workers’ Compensation law, you need more than just legal representation—you need advocates who understand your struggles and fight relentlessly for your rights. That’s where Hurwitz, Whitcher & Molloy come in. Our seasoned team brings a wealth of experience and an unyielding commitment to securing the benefits you rightfully deserve. Whether you’re grappling with claim denials, complicated appeals, or simply trying to understand your eligibility, we offer personalized, comprehensive legal guidance at every step of the process. We’re not just here to help you navigate the system; we’re here to help you triumph over it. Don’t leave your workers’ compensation claims to chance; trust Hurwitz, Whitcher & Molloy to be your steadfast advocates in securing the financial and medical support you need to recover and move forward.

Hurwitz, Whitcher & Molloy

424 Main St #1725, Buffalo, NY 14202

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.