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Buffalo Workers Comp Lawyer

Workers Comp Lawyer Buffalo, NY

At Hurwitz, Whitcher & Molloy, LLP, a workers’ comp lawyer Buffalo, NY residents rely on after a workplace accident can talk with you about how to protect your best interests during this time. We are more than happy to reserve your phone or in-person appointment to answer questions about workers’ compensation laws for the state of New York and whether you need legal assistance when handling your claim. Some workers can handle a claim on their own, but it doesn’t hurt to have a professional with vast experience advocating for your behalf.

worker signing a compensation claim

What Is Workers Compensation

Workers’ compensation is a critical system in place to protect employees who suffer injuries or illnesses due to their job. It’s a form of insurance that ensures employees are not left financially vulnerable because of work-related health issues. Here’s a more detailed look at what workers’ compensation entails:

Purpose and Scope of Workers’ Compensation

  • Financial Support for Medical Treatment: This includes all medical expenses related to the work injury or illness. It can cover hospital visits, medical procedures, medications, and any specialized equipment needed for recovery.
  • Compensation for Lost Wages: If an employee is unable to work due to their injury or illness, workers’ compensation provides a portion of their regular wages. This benefit is crucial in helping employees maintain financial stability during their recovery period.
  • Rehabilitation and Retraining: In cases where an injury results in long-term disability or a need to change professions, workers’ compensation can cover rehabilitation and retraining costs. This ensures that employees can return to the workforce in a new capacity if needed.
  • Dependent Benefits in Case of Death: In the tragic event of a worker’s death due to a job-related issue, workers’ compensation offers benefits to the dependents of the deceased. This can include financial support and coverage of funeral expenses.

Eligibility Criteria for Workers’ Compensation

  • Work-Related Injury or Illness: The injury or illness must have occurred in the course of employment or due to job duties. This includes incidents that happen within the workplace and those that may occur off-site but are job-related.
  • Legal Employee Status: The individual seeking compensation must be a legal employee of the company. Independent contractors, freelancers, and certain other categories of workers may not be eligible under some workers’ compensation plans.
  • Notification of Injury: It is imperative that the employee informs their employer about the injury or illness as soon as possible. There are often strict deadlines for reporting these incidents to qualify for workers’ compensation benefits.

Types of Workers’ Compensation Benefits

  • Medical Care: This is often the most immediate need, covering treatments required to address the work-related injury or illness. It’s designed to alleviate the financial burden of healthcare costs associated with the injury.
  • Disability Benefits: These benefits are categorized into temporary and permanent, partial and total disabilities, depending on the nature and severity of the injury. They are calculated based on a percentage of the employee’s usual wages.
  • Rehabilitation Benefits: These benefits aim to help the employee recover and return to work. They can include physical therapy, occupational therapy, and even vocational training if the employee needs to switch careers.
  • Death Benefits: These benefits provide financial assistance to the dependents of a worker who dies due to a job-related incident. The amount and duration of these benefits can vary based on the worker’s earnings and family situation.

workers’ compensation is a comprehensive system designed to support employees in times of need due to work-related injuries or illnesses. Understanding these benefits and the eligibility criteria is crucial for employees to ensure they are adequately protected in their workplace. At Hurwitz, Whitcher, & Molloy, we are committed to ensuring that you receive the full benefits you deserve.

Key Benefits Under Workers’ Compensation

If you’ve been injured on the job, understanding the benefits you’re entitled to under workers’ compensation can be crucial in ensuring you receive the support and compensation you need. At Hurwitz, Whitcher, & Molloy, we’re committed to helping our clients navigate the complexities of workers’ compensation and ensuring they understand their entitlements. Workers’ compensation is designed to provide a range of benefits to employees who suffer work-related injuries or illnesses. These benefits typically include:

Medical Benefits

  • Coverage for all necessary medical treatment related to your work injury.
  • Includes doctor visits, hospital stays, medications, and medical equipment.
  • May cover the cost of travel to and from medical appointments.

Disability Benefits

Compensation for lost wages if you’re unable to work due to your injury.

Rehabilitation Benefits

Covers vocational rehabilitation if you need to retrain for a different job due to your injury.

May include physical therapy and other forms of rehabilitation.

Death Benefits

  • Provided to the dependents of a worker who dies from a job-related injury or illness.
  • Includes a portion of the deceased worker’s wages and may cover funeral expenses.

If you’ve suffered a work-related injury, it’s important to seek professional legal help to ensure you get the full benefits you deserve. We encourage you to reach out to us at Hurwitz, Whitcher, & Molloy for guidance and support. Our team of expert Workers Comp Lawyers in Buffalo, NY, positions us to advocate effectively on your behalf.

Workers’ Compensation Benefits Medical Reimbursement

Workers’ Compensation benefits typically cover medical expenses related to a workplace injury or illness. The specific expenses that are eligible for medical reimbursement may vary depending on the laws and regulations in your jurisdiction, but generally, eligible medical expenses in Workers’ Compensation benefits can include:

  1. Doctor’s visits: Expenses related to visits to a healthcare provider, including initial evaluations, follow-up appointments, and specialist consultations.
  2. Hospitalization: Costs associated with hospital stays, surgeries, and other inpatient care required due to a workplace injury or illness.
  3. Prescription medications: The cost of medications prescribed to treat the injury or illness.
  4. Medical tests and diagnostic procedures: Expenses for X-rays, MRI scans, blood tests, and other medical tests necessary for diagnosis and treatment.
  5. Physical therapy and rehabilitation: The cost of physical therapy sessions, occupational therapy, and rehabilitation services needed to recover from the injury or illness.
  6. Medical equipment and supplies: Expenses for durable medical equipment like crutches, wheelchairs, braces, and other assistive devices.
  7. Prosthetics and orthotics: The cost of artificial limbs or orthopedic devices needed as a result of the injury.
  8. Home healthcare services: If home healthcare is deemed necessary, the expenses related to home health aides, nursing care, and medical equipment for home use may be covered.
  9. Transportation costs: Reimbursement for reasonable transportation expenses to and from medical appointments, such as mileage or public transportation fares.
  10. Vocational rehabilitation: In some cases, vocational rehabilitation services to help injured workers return to work may be covered.
  11. Pain management: Costs associated with pain management treatments, including pain medications and pain management programs.
  12. Mental health treatment: Expenses for counseling or therapy if the workplace injury or illness has caused psychological or emotional distress.

To determine what expenses are eligible for reimbursement in your specific Workers’ Compensation case, it’s essential to consult with our employer’s Workers’ Compensation insurance legal professional familiar with your jurisdiction’s laws.

Disability Classifications

In Workers’ Compensation systems, cash benefits for injured workers are typically determined based on the extent of the injury and its impact on the worker’s ability to perform their job. The disability classifications used to determine these benefits can vary by jurisdiction, but they often include the following categories:

  1. Temporary Total Disability (TTD): Workers who are temporarily unable to work due to a workplace injury or illness may be classified as having a temporary total disability. They are typically entitled to receive a portion of their pre-injury wages as compensation until they are medically cleared to return to work.
  2. Temporary Partial Disability (TPD): If a worker can return to work in a limited capacity or with restrictions due to their injury, they may be classified as having a temporary partial disability. In such cases, they may receive a partial wage replacement to make up for the difference in earnings.
  3. Permanent Total Disability (PTD): Workers who sustain severe injuries or illnesses that permanently prevent them from performing any gainful employment may be classified as having a permanent total disability. These individuals may receive ongoing cash benefits for the remainder of their lives.
  4. Permanent Partial Disability (PPD): When a worker sustains a permanent injury or impairment but can still work in some capacity, they may be classified as having a permanent partial disability. The specific benefits and duration of payments vary depending on the severity and type of impairment, often determined by a medical evaluation.
  5. Scheduled Loss of Use (SLU): Some jurisdictions use a “scheduled loss of use” system for specific body parts, such as limbs or extremities. If a worker experiences a permanent loss of use or impairment of one of these body parts due to a workplace injury, they may be entitled to benefits based on a predetermined schedule.
  6. Non-Scheduled Loss of Use (NSLU): This category covers permanent impairments or disabilities that do not fit within the scheduled loss of use system. NSLU benefits are typically determined based on the extent of the impairment, age, and earning capacity of the injured worker.

Who is eligible for workers’ compensation

Workers’ compensation is a vital aspect of employment law, designed to aid employees who have suffered work-related injuries or illnesses. At Hurwitz, Whitcher, & Molloy, we are committed to helping individuals understand their rights and eligibility regarding workers’ compensation.

Eligibility Criteria for Workers’ Compensation

Eligibility for workers’ compensation hinges on several key criteria:

  • Employment Status: The individual must be a legal employee of a company that carries workers’ compensation insurance. This can include full-time, part-time, and in some cases, temporary workers.
  • Nature of Injury or Illness: The injury or illness must be directly related to the employee’s job. Injuries occurring in the workplace or as a result of job duties are typically covered.
  • Timeliness of Reporting: Employees must report their injury or illness to their employer within a specified time frame, which varies by state.
  • Proof of Injury: In some cases, employees may need to provide evidence that their injury or illness is work-related.

Common Misconceptions about Eligibility

There are several misconceptions about workers’ compensation eligibility:

  • Contract Workers and Freelancers: Generally, these workers are not eligible as they are not considered employees of the company.
  • Fault and Negligence: Unlike personal injury claims, workers’ compensation does not usually consider fault or negligence. Even if the injury was due to a mistake by the employee, they might still be eligible.
  • Type of Injury: Some people believe only physical injuries are covered, but mental and emotional stress injuries can also be eligible if they are job-related.

If you’re uncertain about your eligibility for workers’ compensation or have encountered challenges with your claim, we encourage you to reach out to us. At Hurwitz, Whitcher, & Molloy, we’re committed to ensuring that you receive the benefits you rightfully deserve. Contact us for a consultation, and let our expert team of workers comp lawyers support you through this process.

Getting a Claim Denial 

The waiting between submitting your workers’ compensation claim and hearing back from the insurance company can be excruciating, almost as painful as your injuries. However, when you do hear back and find out that your claim was denied, you may understandably be quite surprised. There are a few reasons an insurance company may deny your workers’ compensation claim:

  1. You were not hurt on the job
  2. You did not provide enough evidence to show that you were hurt on the job
  3. You did not give your employer enough notice when you became injured or failed to notify them
  4. You did not file your workers’ compensation claim in enough time

These are just some of the reasons an insurance company may deny your workers’ compensation claim, and we understand how frustrated you probably are. However, if you believe you have a legitimate claim and have provided the insurance company with the necessary evidence, it is certainly possible to successfully appeal this claim. Appealing a workers’ compensation claim can be done correctly with the help of your Buffalo, NY workers’ comp lawyer. 

Buffalo Workers Comp Law Infographic


What To Do If Injured On The Job

Suffering an injury on the job can be a distressing and confusing experience. Knowing the right steps to take immediately after such an incident is crucial to ensure your rights are protected and you receive the appropriate compensation. As experienced Workers Comp Lawyers in Buffalo, NY, at Hurwitz, Whitcher, & Molloy, we are dedicated to guiding you through this process. Let’s explore the essential actions you should take if you find yourself injured at work.

Seek Medical Attention

Your health is the top priority. Seek immediate medical care for your injury, even if it seems minor. Some injuries manifest symptoms later, and early documentation is crucial.

Report the Injury to Your Employer

Notify your employer or supervisor about the injury as soon as possible. A delay in reporting can affect your claim.

Document Everything

Keep a record of all events related to your injury, including the circumstances of the accident, witnesses, and any communication with your employer.

Gather and Preserve Evidence

Collect any physical evidence of the incident and take photographs if possible. This might include the equipment or conditions that led to your injury.

Navigating the Aftermath of the Injury

Understand Your Rights

Familiarize yourself with your rights under workers’ compensation laws. You are entitled to medical care and compensation for lost wages if the injury is work-related.

Follow Medical Advice

Adhere to the treatment plan prescribed by your healthcare provider. Failing to follow medical advice can impact your workers’ compensation claim.

File a Workers’ Compensation Claim

Complete and submit a workers’ compensation claim form as soon as possible. Ensure all information is accurate and thorough.

If you’re injured on the job, don’t navigate the complexities of workers’ compensation alone. We at Hurwitz, Whitcher, & Molloy are here to support you every step of the way. Contact us for a consultation, and let our expert team of Workers Comp Lawyers in Buffalo, NY, make a difference in your case.

Buffalo Workers Comp Law FAQs

If you’ve been injured on the job, you likely have many questions about workers’ compensation, why a worker’s comp lawyer in Buffalo, NY is needed, and what to do next. In this FAQ section, we’ll answer some of the most commonly asked questions about workers’ compensation and how a workers’ comp lawyer can help.

How long do I have to file a workers’ compensation claim?

The timeframe for filing a workers’ compensation claim varies from state to state. In some states, you have as little as 30 days to report your injury and file a claim. It’s important to check your state’s specific laws and regulations.

Can I choose my own doctor for my workers’ compensation claim?

In most cases, you can choose your own doctor for your workers’ compensation claim. However, some states have specific regulations about which doctors you can see.

Can I receive workers’ compensation benefits if the accident was my fault?

Workers’ compensation is a no-fault system, which means that you can receive benefits even if the accident was your fault. However, there are some exceptions, such as injuries caused by drug or alcohol use.

What if my workers’ compensation claim is denied?

If your workers’ compensation claim is denied, you can appeal the decision. A workers’ comp lawyer in Buffalo, NY can help you through the appeals process and present evidence to support your claim.

Hurwitz, Whitcher & Molloy, LLP Buffalo Workers Comp Lawyer

424 Main Street Suite 1725 Buffalo, NY 14202

Get Legal Help As Soon As Possible. Contact Our Team Today

Dealing with a severe injury at work can be complicated, especially if you start to suspect that your employer doesn’t have your best interests in mind. You can rest assured that you are in good hands with our team. Call Hurwitz, Whitcher & Molloy, LLP to speak with a workers’ comp lawyer Buffalo, NY injured employees trust when pursuing compensation through a workers’ compensation claim. 

Workers’ compensation can be a complex and confusing process. If you’ve been injured on the job, it’s important to seek the help of a workers’ comp lawyer. They can help you understand your rights and obligations, navigate the claims process, and maximize your compensation. By understanding the workers’ compensation process and working with a skilled attorney, you can ensure you receive the benefits you deserve.

As an injured construction worker, it can feel as though the deck has been stacked against you. Hurwitz, Whitcher & Molloy, LLP, wants to help you. We are dedicated to assisting those who are at a disadvantage. We want to help protect your rights and ensure that you receive the benefits and compensation you require during this difficult time. To learn more, schedule your consultation with our Buffalo, New York workers comp lawyer without hesitation. 

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.