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Workers Comp Lawyer NY

Your NY Workers’ Comp Attorneys

At Hurwitz, Whitcher, & Molloy, we understand the intricacies surrounding workers’ compensation claims in the state of New York. Eligibility for workers’ compensation benefits is generally extended to employees who sustain a work-related injury or illness while performing their job duties. This encompasses a wide range of circumstances, from accidents that occur at the workplace to illnesses contracted as a direct result of one’s employment.

It’s important to note that New York operates under a no-fault system, which means that employees are typically entitled to benefits regardless of who was at fault for the injury or illness. However, there are certain conditions and exemptions; for instance, independent contractors, certain types of volunteers, and some agricultural workers may not be eligible.

Timing is also crucial, as injured employees are required to notify their employer within 30 days of the incident to remain eligible for benefits. Our dedicated team is here to help you navigate this complex process and ensure that you receive the compensation you deserve.

Table Of Contents

Eligibility For Workers’ Compensation

Workers’ compensation is a vital system designed to protect employees who suffer injuries or illnesses related to their job. Understanding eligibility criteria is crucial for employees and employers alike. In the state of New York, navigating the complexities of workers’ compensation can be challenging, making the guidance of a skilled Workers Comp Lawyer NY essential. Firms like Hurwitz, Whitcher, & Molloy specialize in this area, offering expert legal advice and support.

Employee Status

Full-time and Part-time Employees

      • Coverage Inclusivity: Both full-time and part-time employees are typically covered under workers’ compensation laws. This inclusivity ensures that employees are protected regardless of their working hours.
      • Varying Benefits: The extent of benefits may vary based on hours worked and salary. Full-time employees might receive more extensive coverage due to higher earnings and longer working hours.

Seasonal and Temporary Workers

      • Eligibility Variability: While most seasonal and temporary workers are eligible for workers’ compensation, this can depend on the state laws and the nature of their employment contract.
      • Coverage Criteria: Factors like the duration of employment, nature of the job, and the employer’s workers’ compensation policy play a role in determining their eligibility.

Independent Contractors

      • General Exclusion: Independent contractors are usually not covered by workers’ compensation as they are not considered employees. However, this status can sometimes be misclassified.
      • Situation-Dependent Coverage: In cases where an independent contractor is functioning in a capacity similar to an employee, or if state laws have specific provisions, they might be eligible for coverage.

Type of Injury or Illness

Work-Related Injuries

      • Direct Job Relation: Injuries must be directly caused by or occur in the course of employment. This includes accidents, injuries sustained while performing work tasks, or in work-related environments.
      • Exclusion of Non-Work-Related Injuries: Injuries that happen during an employee’s personal time or due to non-work-related activities are generally not covered.

Occupational Diseases

      • Work Environment-Related Illnesses: These are illnesses that develop as a direct result of work environment conditions or specific job duties, like exposure to hazardous materials.
      • Long-Term Exposure: Often, these diseases result from long-term exposure to harmful conditions rather than from a single incident.

Reporting and Filing Timelines

Immediate Reporting

      • Promptness Requirement: Employees should report any work-related injury or illness to their employer as soon as possible, ideally immediately after the incident or discovery of the illness.
      • Impact on Claims: Delay in reporting can affect the validity of the claim and the likelihood of receiving benefits.

Filing Claims

      • Varied Deadlines: The deadlines for filing a workers’ compensation claim vary by state. It’s important to file within these deadlines to ensure eligibility for benefits.
      • Timeliness and Success: Timely filing is a crucial factor in the success of a workers’ compensation claim.

Special Considerations in New York

Coverage Nuances

      • Exemptions: Some sectors or types of employees, like certain agricultural or domestic workers, may be exempt from coverage under New York law.
      • Employer Compliance: Employers in New York are required to have workers’ compensation insurance if they employ a certain number of employees, which varies based on the industry and type of work.

Legal Support and Representation

      • Claim Disputes: In cases where there is a dispute over a workers’ compensation claim, such as denial of benefits or disagreement over the extent of injuries, legal representation becomes critical.
      • Appeals Process: A Workers Comp Lawyer NY can provide invaluable assistance in navigating the appeals process if a claim is denied, helping to understand legal options and represent the case effectively.

These detailed aspects highlight the complexities of workers’ compensation eligibility and the importance of understanding specific state laws and regulations, particularly in New York. At Hurwitz, Whitcher, & Molloy, we can assist you in navigating these complexities and ensuring that injured workers receive the compensation they rightfully deserve.

Understanding eligibility for workers’ compensation is crucial for anyone working in New York. Whether you’re dealing with a straightforward claim or facing complexities, having the right legal support is essential. We at Hurwitz, Whitcher, & Molloy are committed to providing expert legal assistance to ensure that your rights are protected and you receive the compensation you deserve. If you’re facing challenges with your workers’ compensation claim, don’t hesitate to reach out to us for guidance and representation.

Types Of Compensation

Navigating the landscape of workers’ compensation can be a complex and daunting task. Understanding the different types of compensation available is crucial for anyone who has suffered a work-related injury or illness. In New York, where workers’ compensation laws have their unique nuances, the guidance of a skilled Workers Comp Lawyer NY, such as those at Hurwitz, Whitcher, & Molloy, is invaluable. Here, we’ll explore the various types of compensation that injured workers can receive and how we can assist you in this process.

Medical Benefits

Doctor Visits and Hospital Stays

      • Comprehensive coverage includes all necessary doctor consultations, surgeries, hospital stays, and emergency room visits directly related to the work injury.
      • Continuous Care: Follow-up treatments and check-ups are also covered to ensure complete recovery.

Medication and Medical Equipment

      • This encompasses all prescription medications that are required for the treatment of the work-related injury or illness.
      • Necessary medical equipment such as crutches, braces, wheelchairs, or any other devices prescribed by a healthcare provider to aid in recovery or mobility.

Rehabilitation Services

      • Coverage extends to physical therapy, occupational therapy, and other rehabilitation services vital for recovery.
      • The aim is to restore the injured worker’s physical abilities as close as possible to pre-injury levels.

Limitations and Approvals

Pre-authorization Requirements

      • Certain specialized treatments or expensive procedures may require pre-authorization from the workers’ compensation insurer to ensure they are necessary and related to the work injury.

Choice of Healthcare Provider

      • Workers may have to choose from a network of approved providers, depending on the employer’s workers’ compensation insurance policy.
      • In some cases, after initial treatment, workers might have the option to select their own doctor.

Disability Benefits

Temporary Total Disability (TTD)

      • Provides compensation for workers who are entirely unable to work for a temporary period post-injury.
      • The goal is to support the worker financially until they can return to work.

Temporary Partial Disability (TPD)

      • For workers who can still perform some work but at a reduced capacity and potentially reduced earnings.
      • This benefit helps to make up the difference between pre-injury and current earnings.

Permanent Total Disability (PTD)

      • Applies when an injury permanently prevents a worker from returning to any kind of gainful employment.
      • This is a long-term benefit reflecting the severe impact of the injury on the worker’s earning capacity.

Permanent Partial Disability (PPD)

      • Designed for injuries that result in a permanent limitation but do not completely eliminate the ability to work.
      • The benefit is calculated based on the extent of the disability and its impact on the worker’s earning potential.

Calculation of Benefits

Percentage of Wages

      • Typically calculated as a percentage of the worker’s average weekly wage, subject to state-specific maximum and minimum limits.
      • The percentage and method of calculation can vary depending on the nature and severity of the disability.


      • The duration for receiving disability benefits varies. Temporary benefits continue until return to work, while permanent benefits may continue indefinitely.

Lost Wages Compensation

Partial Wage Replacement

      • If an injured worker can’t earn their usual wages, workers’ compensation provides a portion of the lost income.
      • This helps to alleviate financial strain during the recovery period.

Caps and Limits

      • There are statutory caps on the amount and duration of compensation, varying by state and the nature of the injury.

Death Benefits

Spouse and Dependent Children

      • They are entitled to a portion of the deceased worker’s wages, providing financial support after the loss.
      • The amount is usually a percentage of the worker’s wages and is subject to a cap.

Funeral Expenses

      • Workers’ compensation policies typically include a provision to cover reasonable funeral and burial expenses.

Vocational Rehabilitation

Career Retraining

      • For workers who cannot return to their previous job, vocational rehabilitation programs may offer retraining for a new career.
      • This can include educational courses and skill training.

Job Placement Assistance

      • Assistance in finding suitable employment that accommodates the worker’s abilities post-injury.
      • This includes resume assistance, job search support, and sometimes, interview preparation.

Understanding these nuances of workers’ compensation benefits is crucial for anyone who has suffered a work-related injury or illness. For personalized guidance and assistance in navigating these benefits in New York, our team at Hurwitz, Whitcher, & Molloy is here to help. Our expert Workers Comp Lawyer NY can provide the support and legal representation needed to ensure that you receive the full range of benefits to which you are entitled.

Understanding the types of compensation available through workers’ compensation is critical for anyone who has suffered a work-related injury or illness. At Hurwitz, Whitcher, & Molloy are dedicated to helping you navigate this complex system and ensure that you receive the full range of benefits you deserve. If you’re struggling with a workers’ compensation claim in New York, reach out to us. Our expert team of Workers Comp Lawyer NY is here to provide the support and representation you need.

Preparing A Workers’ Compensation Claim

Preparing a workers’ compensation claim can be a complex process, requiring careful attention to detail and adherence to specific procedures. For those in New York, navigating this process can be made smoother with the assistance of a skilled Workers Comp Lawyer NY, such as the team at Hurwitz, Whitcher, & Molloy. Here’s a step-by-step guide on how to prepare your workers’ compensation claim effectively.

Understanding Workers’ Compensation

Before diving into the preparation process, it’s crucial to understand what workers’ compensation is. It’s a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. This system is designed to ensure workers are properly supported following workplace injuries or illnesses.

Immediate Action

      • Report the Injury: Notify your employer about the injury as soon as possible, ideally immediately after it occurs.
      • Medical Attention: Seek immediate medical treatment for your injury. Ensure that the healthcare provider is informed that the injury is work-related.

Documenting the Incident

      • Accident Details: Document the circumstances of the injury, including date, time, and how the injury occurred.
      • Witness Information: If there were any witnesses to the incident, collect their names and contact information.

Medical Documentation

Obtaining Medical Records

      • Doctor’s Report: Ensure that your doctor prepares a detailed report outlining the nature of your injury, the proposed treatment plan, and the expected recovery period.
      • Ongoing Treatment: Keep records of all medical appointments, treatments, and any recommendations or restrictions provided by your healthcare provider.

Consistent Medical Care

      • Follow-Up Visits: Regularly visit your healthcare provider to document the progress of your recovery.
      • Adherence to Treatment: Follow the prescribed treatment plan closely, as failure to do so can negatively impact your claim.

Gathering Employment Records

Employment Information

      • Work History: Compile a detailed record of your employment, including your job role, duration of employment, and salary information.
      • Time Off Work: Document any time missed from work as a result of the injury.

Preparing a workers’ compensation claim requires meticulous attention to detail and an understanding of the legal process. We at Hurwitz, Whitcher, & Molloy are committed to assisting you throughout this process. Our team of experienced Workers Comp Lawyer NY will provide the guidance and representation necessary to ensure that your claim is thoroughly prepared and presented. If you’re preparing for a workers’ compensation claim in New York, don’t hesitate to reach out to us for expert assistance and support.

Time To Settle A Workers’ Comp Case

When dealing with a workers’ compensation case, one of the most pressing questions for many is: “How long will it take to settle?” The duration can vary greatly depending on several factors, and understanding these can help set realistic expectations. Consulting with a NY workers’ comp lawyer, like at Hurwitz, Whitcher, & Molloy, can provide valuable insights and assistance throughout the process.

Understanding the Workers’ Comp Settlement Process

Factors Influencing Duration

      • Complexity of the Case: More complex cases, such as those involving severe injuries or disputed claims, typically take longer to resolve.
      • Medical Treatment Duration: Settlement often occurs only after the injured worker has reached maximum medical improvement.
      • Negotiation Process: The time it takes for both parties to agree on a settlement amount can vary.

Steps in the Settlement Process

      • Filing the Claim: Initiation of the process starts with filing a claim.
      • Investigation: The insurance company investigates the claim, which can take several weeks or months.
      • Medical Assessment: Ongoing assessment of the injured worker’s medical condition.

Typical Timeline for Settlement

Initial Stages

      • Filing to Investigation: This initial phase can take anywhere from a few weeks to several months, depending on the complexity of the case and the efficiency of the employer and insurance company.

Medical Treatment and MMI

      • Treatment Period: The period of medical treatment can significantly impact the timeline. Cases cannot usually be settled until the injured worker’s condition is stable.
      • Maximum Medical Improvement (MMI): Reaching MMI means that the worker’s condition is unlikely to improve significantly. Settlement discussions typically start post-MMI.

Negotiation and Finalization

      • Negotiation Period: This can range from a few weeks to several months, depending on the willingness of both parties to reach an agreement.
      • Finalization: Once a settlement is agreed upon, it usually takes a few weeks for the paperwork to be processed and the compensation to be disbursed.

The time it takes to settle a workers’ compensation case varies widely. At Hurwitz, Whitcher, & Molloy, we understand the complexities involved in these cases. Our team of experienced Workers Comp Lawyer NY is here to guide you through every step, ensuring that your case is handled efficiently and effectively. If you are navigating a workers’ compensation claim, contact us for the expert assistance you need. We’re here to help you through this process and work towards a timely and fair settlement.

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

Tips For Going Back To Work After An Injury Infographic

NY Workers’ Comp Statistics

According to the Bureau of Labor Statistics, there are an estimated 3.8 million workers’ compensation claims filed each year in the U.S.

      • The average worker’s compensation claim costs $30,000.
      • The most common types of workers’ compensation claims are injuries to the back, neck, and head.
      • Workers’ compensation benefits can include medical care, lost wages, and vocational rehabilitation.

Frequently Asked Questions About Workers’ Compensation

How much do workers comp lawyers charge in New York?

In New York, workers’ compensation lawyers typically operate on a contingency fee basis, meaning they get paid only if you win your case or secure a settlement. The fee is generally a percentage of the benefits or settlement you receive, and this percentage is often regulated by the New York State Workers’ Compensation Board. As of my last update in September 2021, fees usually range from 10% to 20% of your award or settlement. It’s important to note that these fees must be approved by the Workers’ Compensation Board to ensure they are reasonable for the services provided. Before engaging legal services, it’s wise to have a transparent discussion about the fee structure to understand fully the financial commitments involved.

What to expect at a workers comp hearing in NY?

A workers’ compensation hearing in New York is a formal proceeding where the parties involved present evidence and arguments to a Workers’ Compensation Law Judge, who then makes a decision on the case. You can expect to be questioned about your injury, the circumstances surrounding it, and your medical treatment. Your employer and their insurance company will also have the opportunity to present their side of the story, which may involve questioning you as well. Medical records, expert testimony, and other forms of evidence are often submitted during the hearing. It’s crucial to be prepared, straightforward, and factual in your responses. Having legal representation, like the experienced attorneys at Hurwitz, Whitcher, & Molloy, can be invaluable in navigating the complexities of the hearing. After both sides have presented their cases, the judge will either make an immediate decision or take the matter under advisement, with a written decision to follow.

Why can’t you sue your employer in NY?

In New York, the workers’ compensation system is designed to be an exclusive remedy for employees who suffer work-related injuries or illnesses, meaning that in most instances, you cannot sue your employer for damages. This arrangement is part of a trade-off: workers receive guaranteed, no-fault benefits for on-the-job injuries, but in return, they give up the right to sue their employer in civil court for those injuries. There are some exceptions to this rule, such as instances of intentional harm caused by the employer, or cases where the employer has failed to secure the required workers’ compensation insurance. However, these exceptions are relatively rare. The workers’ compensation system aims to provide a more straightforward, less adversarial means of resolving workplace injury claims, benefiting both the employee and the employer.

Maximizing Your Workers’ Compensation Claim in New York

In New York, navigating the complexities of workers’ compensation can be a daunting task. As your dedicated compensation lawyers, we are committed to guiding construction workers, hospital employees, and all who have suffered job-related injuries through the compensation process. Our legal team, based in areas including Staten Island, is skilled in handling claims for work-related accidents and illnesses, ensuring that maximum compensation benefits are pursued.

Whether it’s dealing with insurance carriers, compiling medical reports for a work-related accident, or addressing issues with compensation coverage, our compensation attorneys are well-versed in every aspect of the comp claim process. We understand that medical expenses, lost wages, and the impact of injuries like broken bones, repetitive stress injury, or traumatic brain injuries can be overwhelming. Our goal is to secure the compensation benefits you deserve, including additional compensation that may be available beyond the standard workers compensation benefits.

Moreover, in cases where a personal injury lawsuit is viable, our team is prepared to pursue that avenue. We are adept at identifying when an accident report or a detailed account of work-related duties can strengthen your claim, especially in complex cases involving pre-existing conditions or occupational injuries.

Our approach is thorough: from the initial evaluation of your comp claim to the final resolution. We aim to ensure that you receive maximum benefits, navigating the compensation program with expertise and dedication. At every step, we’re here to provide support and guidance, ensuring that your rights are protected and your needs are met. Let us handle the legal intricacies while you focus on your recovery.

Contact A Hurwitz, Whitcher & Molly LLP 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.

Hurwitz, Whitcher & Molloy – NY Law Firm

424 Main St Suite 1725
Buffalo, NY 14202


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
Client Review

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.