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NY Workers Comp Lawyer

Workers Comp Lawyer NY

workers-comp-lawyer-NY - Injured Woman Filling Work Injury Claim FormIf you or someone you love is in the unfortunate situation of suffering because of a workplace accident, it may be in your best interest to discuss your situation with a workers comp lawyer NY injury victims can rely on. Most states require that businesses with employees carry workers’ compensation insurance, but every state has different rules about what requirements are needed to claim compensation. If you have questions about what a lawyer can do for you, then don’t hesitate to reach out to Hurwitz, Whitcher & Molloy, LLP today for answers. 

What Does Workers’ Comp Cover? 

This is often a question that many people have. They simply aren’t aware of what is covered by workers’ comp. If you suffered a work-related injury or illness, then workers’ comp can help cover your medical expenses, lost wages, ongoing care costs, and funeral expenses. 

These benefits are not available if you get hurt or sick outside of work. These benefits also do not apply for intoxicated employees that get into an accident, or employees who intentionally hurt themselves. This would mean if you ignore safety regulations and end up hurt, you cannot receive workers’ compensation. 

Medical Expenses

Workers’ comp insurance provides covers to help you pay for your medical expenses related to your work injury. This wouldn’t cover your typical medical costs, if you had a preexisting condition. The coverage can include emergency room visits, necessary surgeries, and prescriptions. An example would be if an electrician cuts their hand at a customer’s home then they could receive worker’s competition to cover their emergency room visit. It however, would not cover if an employee got hurt off the job site. 

Missed Wages

It is likely that if you need to use worker’s comp then you are going to have lost wages. Many employers will fight this and that is why having a NY workers comp lawyer on your team can help you get the money you deserve. If you need time to heal, you are going to miss work and that means you aren’t getting paid. 

Ongoing Care

Some injuries or illnesses can be so severe that they will need more than one treatment. If this is the case, then workers’ comp will step in to help cover the ongoing care that you may need. An example would be, if a worker hurts their back lifting heavy boxes then the workers’ comp insurance can help cover the ongoing care like physical therapy. 

Funeral costs

In the unfortunate event that you have lost a loved one because of a work accident, workers’ compensation can help cover the funeral costs and provide benefits to the employee’s beneficiaries. 

Disability

Some work injuries can cause temporary or permanent disability. Worker’s compensation can help give you benefits to help pay for your medical bills and replace some of your lost wages. Since a disability is often ongoing, these benefits can help cover some costs that way you aren’t swallowed up by debt. 

If you or a loved one have been hurt on the job and have more questions, reach out to a NY workers comp lawyer from the team here at Hurwitz, Whitcher & Molloy, LLP to know you are in good hands. 

WHAT DOES WORKERS COMP COVER INFOGRAPHIC

WHAT DOES WORKERS COMP COVER INFOGRAPHIC

Key Factors To Strengthening A Workers’ Compensation Claim

Victims of work-related accidents will require a workers comp lawyer NY victims depend on for assistance strengthening their workers’ compensation claims. According to a 2020 report conducted by the Bureau of Labor Statistics, in New York, there was a rate of 2.2 workplace accidents per 100 employees. Although these numbers fell slightly below the national average, it’s a startling reminder that workplace accidents are quite common and can happen in nearly any setting. While more hazardous occupations certainly can carry a higher risk for injuries, it’s essential to be aware that even office settings can result in accidents. Workers’ compensation benefits are available to many employees when they have been injured on the job. Despite this, it’s important to note that these benefits are not always awarded to victims, and victims should ensure the proper course of action is taken to secure these benefits. Hurwitz, Whitcher & Molloy, LLP is a firm of lawyers who are dedicated to assisting victims of work-related accidents in receiving the benefits they are entitled to and strategizing the most appropriate course of action for moving forward. 

Report the Accident

There is a range of injuries victims may experience, ranging from minor to severe. Accidents must be reported promptly so that victims may receive the treatment and benefits they need. In some cases, injuries are so severe that victims cannot immediately report the accident to their employer. While victims have thirty days to report the accident, they should do so as soon as they are able for several reasons. Not only does reporting the injury allow victims the opportunity to document the accident while details are still fresh in their minds, reducing the risk that the employer will dispute the events that transpired. 

Seek Medical Attention

Our NY workers comp lawyer explains that victims should seek medical treatment immediately after any injury to ensure their injuries are diagnosed and treated. While some may not realize the extent of their injuries, failure to seek treatment could cause several problems. Not only could untreated injuries cause them to worsen, but they could also impact a worker’s ability to gain workers’ compensation benefits that will be key for recovery. Delaying treatment or failing to seek treatment altogether can result in a denial of benefits, which could significantly impact the injured worker. 

Follow Treatment Recommendations

Doctors treating employees of work-related accidents can play an essential role in the case outcome. They will offer diagnosis, treatment, and recommendations, all of which will be clearly documented within medical records. Following treatment recommendations by the doctor is imperative for several reasons, and lack of compliance will indeed be documented within medical records. Should a victim fail to follow these recommendations, not only might their recovery be impacted, but the ability to access workers’ compensation benefits could also be.

Our firm will protect victims’ rights and ensure they receive the benefits and compensation they deserve. Please don’t wait for complications to arise before reaching out to our NY workers comp lawyer from Hurwitz, Whitcher & Molloy, LLP. 

Can an Injured Employee Ever Sue for a Workplace Injury?

As a NY workers comp lawyer clients trust can explain, the New York workers’ compensation program is a no-fault insurance system and is intended to ensure that people who are injured in on-the-job accidents, or those who develop occupational illnesses, are compensated. Almost all employers are required to carry workers’ compensation insurance. Additionally, individuals are not required to show that their injury was anyone else’s fault.

To a large extent, the workers’ compensation system exists to shield employers from liability from lawsuits arising from workplace accidents while also ensuring that injured workers get the medical care that they need. As such, workers’ compensation generally acts as the exclusive remedy for work-related injuries or illnesses. Therefore, employees cannot usually sue after a workplace accident.

Certain Exceptions Can Apply

While employees are guaranteed benefits, these benefits are generally significantly less than the compensation that they would be able to receive through a traditional personal injury lawsuit after a particular accident. For this reason, it is highly advisable for anyone that has sustained a work-related injury to explore whether he or she may be able to file a lawsuit. Some of the situations in which an employee may be able to sue for include the following:

Injury Caused by a Defective Product Used in the Course of Employment

One of the most common situations in which an injured employee can bring a lawsuit is when a workplace injury is caused by a defective product or work tool. In these cases, the injured employee can often bring a lawsuit against the manufacturer of the product.

Injury Caused by a Third Party

Many worksites have both employees and third-party or independent contractors working in close proximity to one another. If a third party that is not an employee of the injured party’s employer causes an injury, the worker who is hurt can often file a lawsuit against the third party or his or her employer.

Injury or Illness Caused by Exposure to a Toxic Substance

In some cases, an occupational injury or illness is caused by exposure to a toxic substance. When this occurs, the injured worker may be able to file a claim against the party that produced the substance.

Injury Caused by an Intentional Act

Another situation in which employees can sue an employer is if an injury is caused by the intentional act of the employee.

Contact Our Office Today

New York laws regarding workers’ compensation and an employee’s right to sue after a workplace accident are complicated. For this reason, it is important to have an experienced NY workers comp lawyer advocating for you. Call Hurwitz, Whitcher, & Molloy for legal assistance.

Injuries that Qualify for Worker’s Compensation

According to an NY workers comp lawyer there are many different kinds of injuries that can come up at work, and sometimes you may wonder if you’re eligible to receive worker’s compensation for your injury. In order to know whether or not you qualify, it’s important to know the different types of injuries that typically fall under worker’s compensation, as well as which ones do not qualify. Here are what injuries qualify for worker’s compensation, and why the denial process can be so confusing if you didn’t anticipate it happening to you. If you are injured, contact an attorney at Hurwitz, Whitcher & Molloy, LLP today for help.

What Physical Injuries Qualify?

The list of physical injuries covered by workers compensation varies by state, but there are some general criteria. For example, if an injury was the result of a work-related activity (say lifting a heavy object), it is typically covered. What is less clear is what constitutes work. In some states, commuting to and from work doesn’t count because it isn’t an essential part of the job. On the other hand, in some states commuting might be considered work time because you are delivering service to your employer during those hours. The law also specifies whether you need to have been injured on the job site or only offsite as part of your duties (i.e., grocery shopping). It’s important to remember that employers can deny coverage for injuries caused by self-negligence.

What Psychological Injuries Qualify?

The most common types of injuries that qualify are physical injuries. However, there are also psychological injuries, including PTSD and depression, which can be covered by workers’ comp. If you have any questions about whether or not your injury is covered by worker’s comp, it is important to contact an NY workers comp lawyer who specializes in this type of law.  In order to get the benefits, you must file a claim within two years of the date of the accident. You may also have a right to sue someone else if they were at fault for your accident and if they are considered negligent. You should speak with an attorney before doing so because filing suit will terminate your ability to collect benefits from them as well as make it more difficult for you to win a settlement or verdict against the other party.

What Pre-existing Conditions Qualify?

Many pre-existing conditions can disqualify you from receiving worker’s compensation benefits. These are conditions, diseases or illnesses that were in existence before the injury occurred and were not aggravated by the workplace incident. The threshold to qualify as a pre-existing condition varies from state to state, but includes things such as heart disease, cancer, diabetes and arthritis.

What Work-Related Diseases Qualify?

Work-related injuries are not just physical. Workers can suffer from a number of diseases or illness due to their work environment. The Occupational Safety and Health Administration (OSHA) publishes a list of these types of illnesses in order to educate the public on the risks that workers face.

These illnesses include but are not limited to:

1) chronic noise induced hearing loss; 2) acute noise induced hearing loss; 3) occupational lung diseases such as asthma, hypersensitivity pneumonitis and byssinosis; 4) lead poisoning; 5) occupational skin disorders such as dermatitis, contact dermatitis, hand eczema, allergic contact dermatitis and irritant contact dermatitis.

If you have been injured on the job, contact an NY workers comp lawyer at Hurwitz, Whitcher & Molloy, LLP today for help.

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.