Western New York Workers’ Compensation Lawyers
Employers in New York State are required to provide workers’ compensation coverage for their employees. If you are injured at work, you are entitled to a portion of your lost wages and medical coverage for your injuries.
Any disputes between your employer’s insurance company and you, the injured worker, are handled by the Workers’ Compensation Board. It is important to have an attorney represent you because the insurance company, which is in the business of making money, will have their own.
Workers’ compensation is not just for on-the-job accidents. It also covers conditions which develop over time as a result of your work duties. These are called occupational diseases and some examples are carpal tunnel syndrome, hearing loss, and lung disease. These cases are often very complicated and you should have a workers’ compensation attorney to represent you.
Let’s Get Started
If you have been involved in an accident or if you have developed a condition which you believe may be related to your work, contact
Hurwitz, Whitcher & Molloy Attorneys at Law right away.
Even if you are not sure, call us at 716-856-1600. We can determine whether it should be covered or not. Our work injury lawyers fight hard to see that you get the compensation you deserve!
Work Injury Lawyers Proudly Serving
Buffalo, Amherst, Tonawanda, Cheektowaga, West Seneca, Grand Island, Hamburg, Orchard Park, Dunkirk, Jamestown, Niagara Falls, Clarence, Lancaster, Evans, Pomfret, Aurora, & Elma, NY & All Of Western, NY
We understand that getting injured at work can severely impact your life, which is why we work hard to get you the compensation you deserve. If you are injured at work but are uncertain of whom is to take responsibility, please give us a call. We will guide you every step of the way and fight for you in your court case. When you choose us to be your work injury lawyer, know that our team is dedicated to you, that your well-being is very important to us, and that we are the attorneys who can get the job done!
Serving:
Buffalo, Grand Island, West Seneca, Lancaster, Cheektowaga, Tonawanda, Amherst, Elma, Aurora, Pomfret, Evans, Dunkirk, Jamestown, Clarence, Niagara Falls, Orchard Park, & Hamburg, NY
Get Started With Our Work Injury Lawyer Today
If your injury occurred at work and was the fault of someone other than your employer or co-worker, you may be able to pursue both a
workers’ compensation claim and a
personal injury case. These are often very complicated cases, and it is important that you contact us right away. We can be reached at 716-856-1600.
Common Types of Workplace Accidents
Many employers do everything they can to keep the workplace safe for their employees. However, accidents can and still do happen. Here are the most common types of workplace accidents.
- Falls from heights. These types of accidents are more common in the construction industry and can be fatal. Workers can fall from platforms, ladders, roofs and other elevated surfaces. These workers can reduce their risk of these accidents by wearing the proper safety equipment and paying attention to their surroundings.
- Car accidents. Certain jobs require employees to drive a vehicle. It is important for these employees to be trained on how to operate the vehicle safely. However, these employees always have a risk of getting into an accident with a negligent driver. Whether the other driver was speeding or distracted, a vehicle collision can result in serious injury. In addition to filing a workers’ compensation claim, the worker may also pursue a third-party claim against the other driver.
- Machine entanglement. Factory workers have to work around heavy machinery all day. As a Western New York workers’ compensation lawyer can confirm, workers who aren’t careful can get their body parts caught in these machines and suffer life-threatening injuries.
- Slip and fall accidents. Slip and fall accidents can occur in many types of work environments, from warehouses to offices, and cause many types of injuries, including broken bones, head injuries, spinal cord injuries and neck injuries. There are many steps employers and employees can take to prevent these accidents, like promptly cleaning up liquid spills and clearing clutter.
- Repetitive motion. Employees who perform the same tasks over and over, such as typing or assembly line, can develop repetitive motion injuries. They can cause numbness and tingling in the hands. Although these injuries might not seem as severe as other work injuries, they are nothing to make light of.
- Struck by objects. Employees can also get struck by various objects at work and suffer serious injuries, like head injuries, cuts, bruises and eye injuries. These accidents can be prevented by storing items securely.
- Fires and explosions. Fires and explosions can occur because of faulty gas lines, open flames and poorly stored combustible materials. These accidents can result in devastating injuries, like severe burns and disfigurement.
Tips for Going Back to Work After an Injury
If you’ve suffered an injury at the workplace, you’re likely eager to go back to work soon. However, getting back into the swing of things can be difficult. Here are some tips for returning to work after an injury.
- Stay in touch with your employer.
No matter how long you’re supposed to be out of work, communicate with your employer once a week to let him or her know how you’re doing. Inform your employer about your recovery and when you expect to return to work. Keeping in contact with your employer will show him or her that you’re serious about returning to the workplace.
- Don’t go back to work before your doctor gives you the okay.
If you’re starting to feel better, you might feel like you can return to work earlier than expected. However, you should avoid doing this. Don’t go back to the workplace until your doctor gives you the go-ahead. Otherwise, you could end up reinjuring yourself.
- Bring a list of your restrictions.
Even if your doctor approves you to go back to work, he or she may give you restrictions. For example, your doctor may not want you to lift anything over 10 lbs. Remember to bring a list of these restrictions to show your boss.
- Pay attention to your body.
As a workers’ comp lawyer in NY can confirm, it’s important to listen to your body when you return to work. If you feel pain or fatigue, don’t hesitate to take a break. You don’t want to push your body past its limits.
- Don’t be afraid to ask for help.
When you first return to work after an injury, you still might not feel 100 percent like yourself. That’s why you shouldn’t hesitate to ask your coworkers for help when you need it.
- Contact your lawyer if your employer is being difficult.
If your employer is trying to force you to return to work before you’re ready or perform tasks that your doctor restricted, you should let your workers’ comp lawyer know.
NY Workers’ Comp Infographic
Western New York Workers’ Compensation FAQs
Workers’ compensation claims can be a lifeline for those injured on the job in Western New York. However, the process and the rules surrounding these claims can often be complex and confusing. At Hurwitz, Whitcher & Molloy, we frequently address a range of questions as a Western New York workers’ compensation lawyer, guiding our clients through each step of their claims. Here, we address some of the most common questions to help clarify the nuances of workers’ compensation in Western New York.
What If My Workers’ Compensation Claim Is Denied In Western New York?
If your workers’ compensation claim is denied in Western New York, don’t lose hope. You have the right to appeal the decision. The first step in an appeal is to file a formal request with the New York Workers’ Compensation Board. As your Western New York workers’ compensation lawyer, we can represent you during the appeals process, help gather additional evidence, and present a strong case to challenge the denial.
Are Mental Health Issues Covered Under Workers’ Compensation In Western New York?
Yes, mental health issues can be covered under workers’ compensation in Western New York, especially if they are a direct result of a work-related incident or the work environment. These claims can be more challenging to prove compared to physical injuries, as they require clear evidence linking the mental health condition to the workplace. We can assist in compiling the necessary medical documentation and specialized opinions to support such a claim.
How Are Workers’ Compensation Benefits Calculated In Western New York?
Workers’ compensation benefits in Western New York are calculated based on a percentage of your average weekly wage. This calculation takes into account your earnings before the injury. Benefits typically cover medical expenses related to the injury and a portion of lost wages if you are unable to work. The exact calculation can vary depending on the specifics of your case, and as your Western New York workers’ compensation lawyer, we can help ensure that the calculation is done fairly and accurately.
Can I Claim Workers’ Compensation For A Repetitive Stress Injury In Western New York?
Yes, you can claim workers’ compensation for a repetitive stress injury in Western New York. These injuries, such as carpal tunnel syndrome, are common in many workplaces. Proving the link between your job and the repetitive stress injury is crucial. We can work with medical professionals to provide the necessary evidence showing that your injury is work-related.
What Should I Do If I’m Not Happy With The Workers’ Compensation Settlement Offer In Western New York?
If you’re not satisfied with the settlement offer from your workers’ compensation claim, you’re not obligated to accept it. We can negotiate on your behalf to seek a better offer. If negotiations do not result in a satisfactory outcome, we are prepared to take further legal steps, including representing you at a hearing before the Workers’ Compensation Board to argue for a fairer settlement.
Understanding your rights and options is crucial when dealing with workers’ compensation claims. As experienced Western New York workers’ compensation lawyers, we are here to help you through your claim, ensuring you understand each step and have the best representation for your case. If you have questions or need assistance with your workers’ compensation claim, don’t hesitate to reach out to us. We are committed to advocating for your rights and helping you secure the benefits you deserve.
Workers’ Comp Glossary
When working with a NY workers’ comp lawyer, it’s helpful to understand key terms related to the process of filing and securing workers’ compensation benefits. The workers’ compensation system in New York has unique features, so being familiar with commonly used phrases can help you stay informed throughout your case. Below, we’ve defined some of the more specific terms you may encounter while working with us.
No-Fault System
New York’s workers’ compensation operates under a no-fault framework. This means that injured employees are generally eligible for benefits regardless of who or what caused the accident, as long as the injury occurred in the course of employment. The focus is not on assigning blame but on confirming that the injury or illness happened due to work-related duties. The goal is to simplify access to medical care and wage replacement without requiring legal disputes over responsibility.
Occupational Disease
An occupational disease is a health condition that arises due to prolonged exposure to workplace hazards or repeated performance of job-related tasks. These are not the result of a sudden accident but rather develop over time. Examples include respiratory conditions from inhaling chemical fumes or repetitive stress injuries from constant manual labor. Workers must prove the direct connection between the job and the illness, often requiring medical documentation and sometimes legal support to validate the claim.
Independent Contractor Misclassification
An independent contractor is typically excluded from workers’ compensation coverage in New York. However, disputes often arise when a person classified as an independent contractor performs duties that resemble those of a regular employee. In such cases, we can help assess whether misclassification occurred, potentially making the individual eligible for workers’ compensation benefits. This classification issue is critical because it can impact access to medical care and wage replacement.
Reporting Time Limit
New York law requires that employees report any workplace injury or illness to their employer within 30 days of the incident or of recognizing the illness. Failing to do so may affect eligibility for compensation. This time limit does not apply to the filing of the claim itself, which has a different deadline. Immediate notification helps establish a documented timeline, which is often critical when claims are reviewed. We always recommend keeping written proof of the report.
Temporary Total Disability
Temporary Total Disability (TTD) applies when an employee is completely unable to perform any work for a limited period due to a workplace injury. TTD benefits provide partial wage replacement during the time the worker is recovering and unable to return to any job duties. Once medical evaluations confirm the employee can work again—either fully or with restrictions—these benefits end or transition to a different classification, such as temporary partial disability.
We know how important it is to have accurate information when managing a workers’ compensation claim. At Hurwitz, Whitcher & Molloy, we’re committed to helping injured workers throughout New York understand their rights and pursue the benefits they’re entitled to. If you have questions about your eligibility or need help filing a claim, we’re here to support you every step of the way.
Ready to take the next step? Contact us today for a consultation and let’s review your workers’ compensation options.
Hurwitz, Whitcher & Molloy, NY Workers’ Comp Lawyer
424 Main St Suite 1725, Buffalo, NY 14202
Contact Our NY Workers’ Comp Lawyer Today
At Hurwitz, Whitcher, & Molloy, we understand that navigating the complexities of New York’s workers’ compensation system can be a daunting task, especially when you’re already grappling with the physical and emotional toll of a work-related injury or illness. Our experienced team is committed to shouldering the legal burden for you, from initial filings and evidence gathering to advocacy at hearings and appeals. We work tirelessly to ensure that your rights are protected, and that you receive the full range of benefits you’re entitled to under the law. With our expert guidance, you can focus on what matters most: your recovery and well-being. Trust us to be your steadfast advocates in the often intricate world of workers’ compensation.
Client Review
“Hurwitz Whitcher & Molloy Attorneys have been my Attorneys for a while now. In that time, each contact with them was handled in a timely, courteous, and professional manner. I highly recommend this firm if you require the type of services they provide. Much appreciation for their hard work and dedication.”
Linda Carlson
