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Workers’ Compensation Lawyer NY

Workers’ Compensation Lawyer NY

Workers' Compensation Lawyer NY

If you were recently injured at work in New York, you should get in touch with a workers’ compensation lawyer in NY. You deserve to be fairly compensated for your injuries. A lawyer can help you file a claim and protect your legal rights.

What You Need to Know About Workers’ Compensation

Not many people expect to go to work and suffer an injury. Unfortunately, however, this can happen in just about any work environment. Here are some important things you should know about workers’ compensation:

  • You Have to Report Your Injury Soon: A common mistake injured workers make is waiting too long to tell their employer about their injury. In the state of New York, you only have 30 days to report your injury to your boss. After that deadline has passed, you will no longer be eligible to receive workers’ compensation benefits.
  • You Can Be at Fault and Still Receive Benefits: Some workers shy away from filing for workers’ compensation benefits if the accident was their fault. However, you can be at fault and still qualify for benefits. For example, if you suffered a slip and fall accident because you weren’t paying attention to where you were going, you’re still eligible to receive compensation. 
  • You Don’t Have to Get Injured at Your Physical Workplace to Receive Benefits: It’s possible to qualify for workers’ compensation benefits if you didn’t suffer your injury at your physical workplace. For instance, if you got into a car accident while running errands for your boss, you may still be eligible for benefits.
  • You Don’t Have to Pay Your Lawyer Anything Upfront: Unfortunately, some workers are reluctant to hire a workers’ compensation lawyer in NY because they assume they can’t afford the legal fees. However, it just so happens that most of these lawyers work on a contingency fee. This means that your lawyer will take a percentage of your settlement at the end.
  • It’s Illegal for an Employer to Retaliate Against You for Filing for Benefits: If your employer has cut your pay, demoted you, or terminated you for filing for workers’ compensation benefits, you should let your lawyer know immediately. It’s against the law for employers to retaliate against their workers just for filing for workers’ compensation benefits.
  • You’ll Have to See Your Employer’s Doctor First: If you get injured at work, your employer will most likely require you to see a doctor of their choosing. However, if you don’t agree with this doctor’s assessment, you can request to get a second opinion.

Can My Workers’ Comp Claim Be Denied?

In the majority of work injury cases, the injured worker is entitled to workers’ compensation benefits. Most employers in New York are required to have workers’ compensation insurance to ensure that injured employees will have all their medical expenses, wages, and other benefits covered should they be unable to work while they recover from their injury, or their injury leaves them permanently disabled and unable to work at all. However, an employer can deny a job injury claim. When this occurs, it can be stressful and overwhelming for the injured worker and their family and they may be unsure how to proceed.

If an employer denies a worker’s injury claim, they must provide the reason in writing. The following are some of the most frequent reasons why claims are denied in the cases that each workers’ compensation lawyer, in NY from our firm handles:

  •       The employee did not report the injury/incident within the required time: Each state has its own workers’ compensation laws and its own requirements. In New York, an injured worker has 30 days to report the injury to their employer, however, it is best for a worker not to wait the 30 days and report the injury as soon as possible because if the 30 days lapses, their claim can and likely will be denied.
  •       The injury did not occur in the workplace: Typically, only injuries that occur at work are covered under workers’ comp, however, there are occasions where an employee is injured off the job site, but the injury is still work-related. One example is if a worker was performing an errand for their employer, such as picking up office supplies at a store, and they were injured in a car accident while driving to the store. An employer may try to deny the claim by saying the injury did not occur at the workplace, but a seasoned NY workers’ compensation lawyer would be able to win a case like that on appeal.
  •       The employee caused the injury to occur: An employer may try to deny the claim if they think the employee was responsible for the injury. However, workers’ compensation insurance is no-fault, meaning that even if the employee did something that resulted in their injuries, they are still entitled to benefits. The only exception to that rule is if the employee was under the influence of alcohol and/or drugs, or they intentionally caused the injury in order to gain workers comp benefits.

If your claim has been denied, you have the right to appeal to the New York State Workers’ Compensation Board. Just because your employer denied your claim, does not mean that you should not even bother with an appeal. In fact, with a NY workers’ compensation lawyer advocating for you, you have a strong chance of winning on appeal, depending on the circumstances of your case.  

Call Hurwitz, Whitcher, & Molloy today to schedule a free consultation with a workers’ compensation lawyer in NY today. 

Ask a Workers’ Compensation Lawyer in NY: Must My Employer Pay Workers’ Compensation if I Become Injured While Working From Home?

Up until last year, few employees were granted the luxury of working from home. Then came the pandemic. Thousands of employers were required to allow millions of employees to work from home so as not to spread Covid-19. 

Today, thousands of employees still work from home and will continue to do so for the foreseeable future. If you’re one of them, what happens if you become injured while working? Will your employer’s workers’ compensation insurance plan still cover you? 

In most cases, the answer is yes. While workers’ compensation laws, rules and regulations vary from state to state, in most states you’re still covered as long as you’re still an active employee, simply working at home because of the pandemic mandates or other valid reasons. Consult a workers’ compensation lawyer in New York from Hurwitz, Whitcher, & Molloy to see which laws, rules, and regulations apply in your case.

Work-related Injuries

As you already probably know, workers’ compensation covers the following things:

  • Your medical expenses if you become injured on-the-job
  • Part of your lost wages while recuperating
  • Disability benefits if your injury permanently disables you

The key here is that you must sustain a work-related injury for workers’ compensation to kick in. Most states do not allow you to file a claim if, for example, your injuries were the result of a traffic accident you were involved in while driving to or from work. For specific questions relating to your situation, it’s best to consult a local workers’ compensation lawyer, such as the lawyers at Hurwitz, Whitcher, & Molloy. 

What this means in a work-from-home environment is that there’s a good possibility that you might not be eligible to receive workers’ compensation for every possible injury you may sustain. Consider the following that could happen while you’re working:

  • You head to the kitchen to refill your coffee cup, but trip over your cat in the hallway, falling and breaking your leg.
  • In your hurry to answer your doorbell while barefoot (your new corporate attire), you step on one of your child’s toys and sprain your ankle.
  • You climb up onto a chair to adjust the ceiling fan above your work station, lose your balance and sustain a traumatic brain injury when your head hits the floor.

Can you file a workers’ compensation claim for any of these injuries? You can try, but in all likelihood your claim will be denied. Why? Because while there’s no question that you sustained these injuries while working from home, none of them occurred when you were actually performing your job duties. In other words, what you were doing was ancillary to your work, similar to injuries that you sustain while commuting to and from work. Consequently, your employer probably won’t have to pay your work comp claim. Talk to a NY workers’ compensation lawyer from Hurwitz, Witcher, & Molloy today to see if your injury qualifies for workers’ compensation.

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.