New York Workers’ Compensation Lawyer

Are you looking for a workers’ compensation lawyer in New York?

At Hurwitz, Whitcher & Molloy, we bring more than 50 years of combined experience to workers’ compensation matters throughout New York State.

If you were hurt on the job in New York, the weeks after an injury bring pressure from every direction: medical appointments, missed paychecks, and calls from the insurance adjuster. Handling all of these issues are stressful, but you do not have to face that system alone. Our New York workers’ compensation lawyer can protect your right to benefits while you concentrate on getting better.

Our firm has represented injured workers before the New York State Workers’ Compensation Board for more than 50 years. We know how carriers delay and deny, and we know how to answer it. Call us today to schedule a free consultation with our team.

Workers’ Compensation Lawyer New York

Private employers across New York reported 122,400 nonfatal workplace injuries and illnesses in 2024, according to state injury data. Behind each of those numbers is a person who went to work and came home hurt, then had to make sense of claim forms, medical rules, and a shrinking paycheck.

Our New York workers’ compensation attorney represents injured employees in the claims they bring before the state Board. The work covers filing the claim, gathering medical evidence, arguing eligibility and the correct level of benefits, and challenging denials when a carrier pushes back. New York’s system is built to compensate injured workers without a lawsuit. That does not mean it compensates them without a fight.

Types of Workers’ Compensation Cases We Handle in New York

Work injuries take many forms, from a single violent accident to damage that builds quietly over years. We handle the full range of claims that come before the Board. Types of claims our New York workers’ compensation attorney handle are:

• Falls from heights. Roofers, framers, and other tradespeople face grave harm when scaffolding, ladders, or elevated platforms give way. Scaffold collapses can cause fractures, spinal damage, and head trauma that keep someone off the job for months. We document both the injury and the medical restrictions that follow it, because those restrictions drive the value of the claim.
• Fall accidents. Not every fall involves a height. Wet floors, cluttered walkways, and icy loading docks put workers on the ground and out of work. These injuries are easy for a carrier to downplay. We treat them seriously from the first day.
• Car accidents. Drivers, delivery workers, and anyone traveling for their employer may be covered when a crash happens in the course of the job. These claims often sit alongside auto insurance, and the two systems interact in ways that confuse most people. We sort out which one pays for what.
• Machine entanglement. Manufacturing and warehouse work carries the constant risk of a hand, an arm, or clothing being caught in moving equipment. The injuries tend to be severe, and some are permanent. We build the medical record that supports long-term benefits when a worker cannot return to the same job.
• Repetitive motion injuries. Some harm arrives slowly. Years of lifting, typing, or assembly-line motion produce conditions like back injuries, carpal tunnel syndrome, and worn joints. Proving that the work caused the condition is where these claims are won or lost, and we know what that proof looks like.
• Struck-by injuries. Falling tools, swinging loads, and shifting materials injure workers on construction sites and loading docks every day. A struck-by incident can leave a worker with a concussion or a crush injury. We move quickly to preserve the evidence before a busy job site changes.
• Fires and explosions. Burns, smoke inhalation, and blast injuries demand immediate care and, often, treatment that lasts for years. The medical costs run high and the time away from work runs long. We make sure the claim reflects the full scope of what recovery actually requires.

NY Workers’ Comp Infographic

Why Choose Hurwitz, Whitcher & Molloy as My Workers’ Compensation Lawyer in New York State?

Decades Before the New York Workers’ Compensation Board

Our founder, Melvyn L. Hurwitz, has spent his career representing injured workers in claims decided by the Board, and that focus runs through the whole firm. Michael J. Whitcher has concentrated on workers’ compensation since 1992 and holds a law degree from the University at Buffalo. Kathleen A. Molloy has handled workers’ compensation, Social Security Disability, and No-Fault claims in New York since 1994. Whitcher’s membership in the New York State Bar Association’s torts and compensation section reflects a practice built around this corner of the law. Across those decades we have recovered benefits for injured workers throughout the state.

Focused on Injured Workers, Not Insurers

Our New York workers’ compensation attorneys represent injured workers. We do not work for employers or insurance carriers, so there is no divided loyalty when we take your case. That single focus shapes how we read a file, how we prepare for a hearing, and how we judge whether a carrier’s offer is worth accepting.

What Is Important To Understand About Workers’ Compensation Cases?

Benefits, Eligibility, and Compensation in Workers’ Compensation Cases

New York workers’ compensation is a no-fault system. You do not have to prove your employer did anything wrong, and in most cases your own carelessness will not bar your benefits. What you do have to show is that the injury or illness arose out of your job. Once the claim is accepted, several categories of benefits may apply that our New York workers’ compensation lawyers can help you seek compensation for:

• Medical care. Treatment for the work injury is covered when it comes from a Board-authorized provider, with no deductible or co-pay charged to you.
• Wage replacement. Cash benefits partly replace the income you lose while you cannot work, or while you earn less because of the injury.
• Permanent disability. When an injury leaves lasting limits, permanent partial disability and permanent total disability benefits address the ongoing loss.
• Vocational rehabilitation. Workers who cannot return to their old job may receive help retraining for new work.
• Death benefits. When a work injury or illness causes death, a surviving spouse and dependents may receive weekly benefits and funeral expenses.

What Are Important Aspects of a Workers’ Compensation Case?

The result of a claim can often hinge on what may seem like minor details. A handful of these details carry more weight than most people expect.

• Prompt notice. Telling your employer about the injury in writing, and doing it early, closes off one of the easiest defenses a carrier has.
• Consistent medical treatment. Gaps in your care give the insurer room to argue that you already recovered.
• Accurate work-status reports. What your doctor records about your ability to work directly shapes your wage benefits.
• Denials are common. Carriers dispute claims as a matter of routine, and denied claims can often be turned around on appeal.

If a party other than your employer caused the harm, you may also have a separate injury claim, which works differently from a compensation case and can be pursued at the same time.

What Is the Workers’ Compensation Case Timeline?

Every claim moves at its own pace, but most follow a path you can recognize. In New York, two deadlines frame the beginning of it.

• Report the injury. Notify your employer in writing as soon as you can, and report the injury promptly to protect your rights.
• File the claim. A claim must be filed with the Board within two years of the accident under state law. For an occupational illness, the two years generally run from the date you knew the condition was work-related. You can file the C-3 form to open the case.
• Carrier response. The insurer either accepts the claim or disputes it, and sometimes it does both, accepting part and fighting the rest.
• Hearings. Contested issues go before a workers’ compensation law judge, who takes testimony and reviews medical proof. It helps to understand how the claims process unfolds before you walk in.
• Resolution. Claims close through a return to work, an award, or a settlement, and some stay open for continuing medical care.

What Should You Bring to Your Workers’ Compensation Consultation?

Bringing the right paperwork lets our New York workers’ compensation lawyers properly assess your case. We recommend that you bring the following:

• Any accident or incident report you filed with your employer
• The names of the doctors who have treated the injury, along with any records you have
• Recent pay stubs or other proof of what you earned before the injury
• Letters or forms you have received from the insurance carrier or the Board

The first meeting is a conversation, not a commitment. We will explain where your claim stands, what to watch for, and what the next step should be.

New York Workers’ Compensation Board and Local Resources

The New York State Workers’ Compensation Board administers every claim in the state and runs district offices in Buffalo, Rochester, Syracuse, Albany, New York City, and other locations, so hearings and services stay within reach wherever you live. The Board’s website lays out the deadlines, the forms, and your rights as an injured worker. If you are still looking for representation, the Bar Association of Erie County runs a lawyer referral service that covers Western New York.

Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation

A work injury can put your income and your health at risk at the same moment. Our firm has guided injured workers through the New York system for over 50 years, and we are ready to look at your situation. Attorney fees in workers’ compensation cases are set by the Board and generally come out of the benefits awarded, so there is no upfront cost to you. Contact us to schedule a consultation with our New York workers’ compensation lawyer.