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Workers’ Comp Lawyer NY

Eligibility For Workers’ Compensation Claims In New York

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.

Workers’ Comp Lawyer Tonawanda, NY- Man with cast


Workers’ Compensation Claims: Eligibility & Filing

At Hurwitz, Whitcher, & Molloy, we specialize in guiding our clients through the nuanced process of workers’ compensation claims in New York State. Understanding eligibility and the steps for filing a claim can be crucial in securing the benefits you are entitled to. When it comes to eligibility, the scope is generally broad: If you are an employee who has suffered an injury or contracted an illness as a result of your job, you are likely eligible. However, there are exceptions, such as independent contractors and certain volunteers, who may not qualify. New York’s no-fault system allows for benefits even if the employee is at fault, although there are limitations, such as if the injury occurred while the employee was intoxicated or intentionally inflicted harm upon themselves.

Filing a workers’ compensation claim involves several key steps. Firstly, notify your employer in writing within 30 days of the incident. Failure to do so could jeopardize your ability to receive benefits. After notification, seek immediate medical attention and make sure that the medical provider knows the injury is work-related. Your medical reports will serve as essential evidence in your claim. Next, you will need to file a Form C-3 with the New York State Workers’ Compensation Board. Pay attention to deadlines; generally, you have two years from the date of the injury or the date you became aware that the injury was work-related to file this form. Once filed, you will enter a claims process that might involve hearings, medical examinations, and potentially, appeals.

Our team at Hurwitz, Whitcher, & Molloy is here to assist you at every step, from determining eligibility to ensuring that your filing process is completed accurately and timely. We work diligently to make certain you get the benefits you are entitled to.

Appealing A New York Workers’ Comp Denial

We understand that a denial of your workers’ compensation claim can be both disheartening and financially stressful. However, it’s crucial to know that a denial is not the end of the road; you have the right to appeal the decision. In New York, if your workers’ compensation claim has been denied, you can file an application for review with the New York State Workers’ Compensation Board within 30 days of receiving your denial notice. This appeal process may involve a series of hearings and the submission of additional evidence, such as medical records or expert testimony, to support your case. Our seasoned attorneys are well-versed in navigating this often complex and bureaucratic process. We are committed to advocating for you at each stage of the appeal, from meticulous preparation of your application for review to strong representation at any hearings. It’s our goal to help you secure the benefits you rightfully deserve.

How Can I Appeal A New York Workers’ Comp Decision?

Navigating the appeals process for a New York workers’ compensation decision can be a challenging endeavor, but you don’t have to go through it alone. At Hurwitz, Whitcher, & Molloy, we’re here to guide you every step of the way. If your workers’ compensation claim has been denied or you’ve received less than you believe you’re entitled to, the first step in the appeals process is to file an application for review with the New York State Workers’ Compensation Board. This must be done within 30 days of receiving the initial decision. The application will typically require you to outline the reasons for your appeal and may also necessitate the inclusion of additional supporting documentation, such as new medical reports or expert testimonials.

Once your application for review is filed, your case will generally be assessed by a panel of three Board members. If you’re dissatisfied with this panel’s decision, a further appeal can be made to the full Board within 30 days. In some cases, a final appeal can be brought before the New York State Appellate Division. Throughout these stages, you may be required to attend hearings, submit new evidence, or even undergo further medical examinations. Our experienced attorneys at Hurwitz, Whitcher, & Molloy will work diligently to represent your interests, ensuring that all forms are accurately completed, deadlines are met, and compelling arguments are made on your behalf.

When Should I Hire A Workers’ Comp Lawyer?

Determining the right time to hire a workers’ compensation lawyer in New York can significantly impact the success of your claim. At Hurwitz, Whitcher, & Molloy, we advise clients to consider legal representation as early as possible in the process. Hiring a lawyer right after you’ve sustained a work-related injury or illness can help you navigate the complex and time-sensitive filing procedures more efficiently. Legal representation becomes even more critical if your claim has been denied, if you have a pre-existing condition, or if you’re facing difficulties in receiving your benefits on time. Additionally, if your injury is severe enough to cause long-term impairment or requires surgical procedures, an experienced workers’ comp attorney can help you secure the maximum benefits available under the law.

Legal guidance can also be invaluable if your case involves complexities like multiple parties, including third-party claims, or if you’re unsure about the settlement offer provided by the insurance company. Keep in mind that workers’ comp laws in New York are continually evolving, and our seasoned team at Hurwitz, Whitcher, & Molloy stays up-to-date with the latest changes to ensure you get the benefits you’re entitled to. Ultimately, hiring a workers’ comp lawyer isn’t just about navigating paperwork or deadlines; it’s about securing your rights and ensuring that you’re adequately compensated for your injuries or illnesses.

How Hurwitz, Whitcher, & Molloy, New York Workers’ Compensation Lawyer Will Help You

At Hurwitz, Whitcher, & Molloy, we take pride in being more than just legal advisors; we are advocates committed to securing the best possible outcomes for our clients in their New York workers’ compensation claims. Our first step involves an in-depth consultation to understand the specifics of your case. Based on this information, we guide you through the labyrinthine filing process, ensuring that all required forms are accurately completed and submitted within the stipulated deadlines. Our experienced attorneys also help gather essential evidence, such as medical records and expert testimonies, to bolster your claim.

If your claim faces denial or dispute, our team is prepared to navigate the complex appeals process on your behalf. We will file the necessary applications for review, represent you in hearings, and aggressively advocate for your rights at every level of the appeal. Our firm’s experience and in-depth understanding of New York workers’ compensation laws allow us to identify and utilize legal strategies tailored to your unique situation.

In cases involving severe injuries, long-term impairments, or third-party liabilities, we possess the expertise to negotiate or litigate for maximum compensation. Throughout this often-stressful journey, our team maintains transparent communication, ensuring you are informed and empowered at every stage. The ultimate goal at Hurwitz, Whitcher, & Molloy is not just to win your case but to secure the benefits you need to heal and move forward with your life.

Why You Need An NYC Workers Comp Lawyer

Navigating Complexity

  • The workers’ compensation system in New York can be exceedingly complex, with specific forms to fill out, deadlines to meet, and procedures to follow. One small mistake can jeopardize your claim. An experienced NYC workers’ comp lawyer knows the ins and outs of the system and can guide you through the maze, ensuring that all steps are correctly and promptly completed.

Maximizing Compensation

  •  While it may seem straightforward to file a claim for a work-related injury, getting the full range of benefits you’re entitled to is another matter. A skilled lawyer can accurately assess the true value of your claim, taking into account future medical expenses and lost wages, and can negotiate on your behalf to maximize your compensation.

Handling Denials and Appeals

  • If your claim is denied, an experienced workers’ comp lawyer can help you understand why and what can be done about it. They can file appeals, gather additional evidence, and represent you in hearings to challenge the denial. Their expertise can often be the difference between a rejected claim and a successful appeal.

Balancing Power

  • Insurance companies have teams of lawyers working to minimize the amount they have to pay out. Without legal representation, you are at a significant disadvantage. An NYC workers’ comp lawyer will level the playing field, advocating for your rights and fighting to ensure that you receive fair treatment.

Peace of Mind

  • Suffering a work-related injury is stressful enough without the added burden of navigating a complex legal system. Hiring a workers’ comp lawyer allows you to focus on your recovery while someone else handles the legal complexities. Knowing that a professional is taking care of your claim can offer invaluable peace of mind during a difficult time.

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.

work injury infographic


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.

How long does it take to settle a workers comp case in NY?

The time it takes to settle a workers’ compensation case in New York can vary significantly depending on the complexity of the case, the severity of the injuries, and the willingness of the parties to come to an agreement. Some straightforward cases may settle within a few months, while more complex cases involving severe injuries, disputes about the claim’s validity, or appeals can take a year or more to resolve. Additionally, some cases may require multiple hearings or extensive medical evaluations, further extending the timeframe. It’s important to consult with experienced legal professionals like those at our firm, Hurwitz, Whitcher, & Molloy, to get a realistic expectation of how long your specific case might take to settle.

What qualifies as workers comp in NY?

In New York, workers’ compensation covers employees who suffer from work-related injuries or illnesses. The scope of what qualifies is broad, encompassing a range of incidents from acute injuries sustained in workplace accidents to long-term illnesses or conditions developed due to the job environment. This could include, but is not limited to, falls, machinery accidents, repetitive stress injuries like carpal tunnel syndrome, and occupational illnesses such as asbestos-related lung conditions. It’s important to note that New York operates on a no-fault system, meaning that workers are generally eligible for benefits regardless of who was at fault for the injury or illness. However, certain categories of workers, like some independent contractors and volunteers, may not be covered. Additionally, injuries that occur while an employee is intoxicated or intentionally attempting to harm themselves or others may not qualify for benefits.

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.

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.


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.