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Work Injury Lawyer Buffalo, NY

Work Injury Lawyer Buffalo, NY

Work Injury Lawyer Buffalo, NYIf you get hurt at work, you may need immediate medical attention, a source of income and you need a work injury lawyer in Buffalo, NY. Don’t wait because you and your family will need to quickly get the benefits you deserve. At Hurwitz, Whitcher & Molloy, we will put our years of experience at your fingertips to get you immediate results. If you need a Buffalo, NY work injury lawyer, our firm has long been in the front line of the fight for injured workers.

Employees or Independent Contractor – Does it affect Workers’ Compensation coverage?

Employers have to provide workers’ compensation coverage for their employees. Sometimes employers try to save money by claiming that an employee is actually an independent contractor. In this way, an injured worker could lose out on insurance coverage for his or her injury.  There are some important factors to consider in deciding whether someone is truly an independent contractor or in fact, an employee. If your boss is claiming you are an independent contractor, you need to talk to a Buffalo, NY work injury lawyer and you cannot do better than Hurwitz, Whitcher & Molloy. If you are not truly “independent”, your employer’s policy should cover your injury. If you own your own business and operate as an independent contractor, you may be able to secure a Workers’ Compensation policy to cover yourself in the event of future injuries.

Accidents and Occupational Diseases

Workers Compensation insurance covers injuries that happen suddenly or over the course of a day or perhaps several days. For instance, if you lift an 80-pound bundle of roofing shingles, a work injury might involve a sudden excruciating pain in your low back, or it may occur after lifting multiple bundles over a day or two and then waking the following day and not being able to get out of bed due to you back being completely stiff and sore.  Workers compensation injuries which occur over an even longer period of time and are due to the nature of your work are referred to as occupational diseases. An example of this would be carpal tunnel syndrome due to repetitive use of your hands over a lengthy period of time. These types of injuries are often denied by employers and their insurance companies. If you have been denied or aren’t sure if you have a claim, contact a work injury lawyer in Buffalo, NY.

Notice to your employer of work injury and the filing of a claim

In New York and in most other states, if you are hurt at work or suspect that a physical condition was caused by something that happened at work or by the type of work you do, you must notify your employer promptly. In New York, the requirement is within 30 days of the accident or occurrence. Additionally, in New York State, the filing of a claim with the New York State Workers’ Compensation Board is required within two years of the accident.  In the case of an occupational disease, the claim must be filed within two years of when the injured worker knew or should have known that the condition or disease is work related.  Failure to properly give notice and file a claim can result in a permanent denial of your claim. Navigation through all these requirements is best done with the assistance of a Buffalo, NY work injury lawyer. If your claim should be denied by your employer’s workers’ compensation insurance carrier, you will definitely need the services of Hurwitz, Whitcher & Molloy.

Benefits after acceptance of the claim by the Insurance Company

Once your case is accepted, and the injury or work-related condition has caused you to be out of work, you are entitled to lost wage benefits. In New York State, if totally disabled, you are entitled to two-thirds of your average weekly wage subject to a state wide maximum that varies depending on your date of accident. If you are deemed not totally disabled, your benefits will be less.  Insurance companies routinely work to keep your benefits as low as possible and therefore, it is best to always have a work injury lawyer in Buffalo, NY by your side. You are also entitled to medical treatment and in New York, this must be by medical providers authorized by the Workers’ Compensation Board.  Often times, injured workers have difficulty finding an authorized doctor.  Once found, the insurance company may deny certain types of treatment, for various reasons.  This makes it even more important to have a Buffalo, NY work injury lawyer always fighting for you.

Awards for Permanent Conditions

Approximately one year after your injury or a year after any surgery, for New York injured workers, an assessment will be made as to whether any permanent impairment exists with regard to your work injury or disease.  This can often result in a cash award or settlement. However, the system is very complex, making it all the more important to have a Buffalo, NY work injury lawyer working with you throughout your entire case. So don’t delay. Contact us today!

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.