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HURWITZ, WHITCHER & MOLLOY

Attorneys who fight for you.

SERVING WESTERN NEW YORK

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Trust Our Firm with Your Work Injury Case.

Hurwitz, Whitcher & Molloy, Attorneys at Law, is a small firm located in Buffalo, NY with an experienced and dedicated staff who all share a strong commitment to our clients.

Our five attorneys have more than 125 years of combined experience serving injured people. Our staff of six legal assistants also have a wealth of knowledge with an average of over 20 years in the field. We believe in applying all that experience to do the best job possible for our clients. We return phone calls promptly and take our jobs very seriously.

Our goal is to get good results quickly and to keep you informed every step of the way. When you’ve been injured at work, have been in a car accident, or have suffered in any other way due to someone else’s negligence, contact us today. Call our work injury lawyers at 716-856-1600. We’ll start collecting all of the evidence and building your case right away.

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Workers
Compensation
Injured on the job? Our New York workers' compensation lawyers can help. Our attorneys manage legal processes, helping employees obtain appropriate compensation for medical expenses and lost earnings that arise from incidents occurring in the workplace. Personal
Injury
If you're injured due to someone else's fault, working with our New York personal injury lawyers is crucial. They help claim compensation for damages including medical costs, lost earnings, and suffering. This includes cases like motor vehicle accidents, slip and falls, wrongful death, medical malpractice, or dog bite injuries. Social
Security Disability
Assistance from a New York social security disability lawyer is key for those applying for disability benefits. Our attorneys aid clients with disabilities, simplifying the process of claiming financial support from the Social Security Administration when full-time employment isn’t feasible.

Workers' Compensation Lawyer Buffalo NY

We all deserve a safe place to work, but unfortunately, workplace accidents happen all too often. Whether you’ve been injured on the job or developed an occupational illness or disease related to your job conditions, you can access high-quality medical care and a wage stipend through the New York workers’ compensation program. Though receiving the benefits you're entitled to isn’t always straightforward. If your employer denies your claim or you face retaliation for filing a workers’ comp claim, we can help. Contact Hurwitz, Whitcher & Molloy today for a consultation with our Buffalo, NY workers’ comp lawyer.

What Benefits Can I Receive Through Workers’ Compensation?

Workers’ compensation is employer-paid insurance that provides comprehensive medical care for injured workers. It ensures workers can have a better chance for a full recovery from an on-the-job injury. Your benefits include coverage for medical care, specialist rehabilitation, and medications. Workers’ comp also provides partial wage benefits to help you pay your bills if you have to miss work. If you’re unable to go back to your old job because your workplace injury led to a disability, you may also receive vocational retraining to prepare you for a job that suits your changed abilities.

How Can a Workers’ Comp Lawyer Help Me?

New York state law requires almost all employers to carry workers’ compensation insurance. If your employer doesn’t have this coverage and is in violation of the law, our legal team can help file a lawsuit for compensation for your workplace injury and other losses. Or, if you have had a valid claim minimized or denied, our Buffalo workers’ comp lawyer can appeal the claim on your behalf. Finally, if your employer retaliates against you for filing a claim, we can help you get your job back or secure compensation for your lost wages and damage to your career path. Don’t delay, call Hurwitz, Whitcher & Molloy today to schedule your case review.

Why Choose Our Firm?

Beginning with our founder, Melvyn Hurwitz, we have been representing injured people in the Buffalo area and Western New York for more than 50 years. We concentrate on Workers’ Compensation, Social Security Disability and Personal Injury cases.

Our experienced and courteous staff of attorneys and legal assistants will give you and your case the serious attention and effort you deserve. We are committed to providing you with our time, attention and experienced counsel.

More than 50 years

REPRESENTING INJURED PEOPLE

Experienced

STAFF OF ATTORNEYS

Providing You

OUR TIME AND PERSONAL ATTENTION

Our Personal Injury, Workers’
Comp, and Social Security
Disability Lawyers

If you’ve been injured and can no longer work or go through your day without help, it can be extremely frustrating and discouraging. That’s where our attorneys come in. We fight for people in Buffalo, NY; Niagara Falls, NY and surrounding areas who have suffered an injury in the workplace, in a car, in a fall or in many other situations.

Meet our Team

Melvyn L. Hurwitz

FOUNDER

Michael J. Whitcher

PARTNER

Kathleen A. Molloy

PARTNER

Karen Hurwitz Small

PARTNER

Samuel S. Feuerstein

ASSOCIATE

Recent Blogs

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Frequently Asked Questions

Dealing with a rejection of your workers' compensation claim can be disheartening. In New York, the reasons for denial are outlined in a notice sent by the insurance company. There is hope though. A denial of your claim can be contested by filing a request for a hearing conducted by the New York State Workers' Compensation Board, where a decision will be made by a Workers’ Compensation Law Judge. If the decision is against you, an appeal may be submitted but that must be done within 30 days of the Judge’s decision. We strongly encourage potential clients to seek our assistance in these situations. We’ve helped thousands of clients successfully and we’re available to help you too.
Certainly, in New York, you can return to work while on workers' compensation benefits if you are capable of performing light duty or part-time work despite your injury. This may make you eligible for partial benefits. Keep in mind though, it’s important to maintain communication with your employer, doctor, insurance company and your attorney before resuming work. Your doctor must approve your return. If your employer does not have any work within your restrictions, you may be eligible for unemployment benefits. All relevant parties should be kept informed and we advise our clients to always consult with us before making decisions that could affect their benefits. Any return to work must be reported immediately to the insurance company and failure to do so could result in you permanently losing your benefits for lost time from work.
The general time limit for filing a personal injury claim in New York is three years from the accident date. However, exceptions do exist. For instance, if the claim involves a government agency, a notice of claim must be filed within 90 days, and a lawsuit must be initiated within one year and 90 days. We highly recommend consulting with us as soon as possible after an accident to ensure all deadlines are met, and your rights are protected. Delay and procrastination in these situations can unfortunately result in missing out on compensation.
To establish negligence in a New York slip and fall case, four key components must be proven. First, it must be shown that the defendant had a duty of care towards you, such as a property owner's duty to maintain their property safely. Then, it must be proven that the defendant failed in this duty of care, for example, by not repairing a broken step, cleaning a spill, or removing snow and ice. Next, we must establish that this failure directly resulted in your injuries. Finally, we need to prove that you incurred damages, such as medical bills, lost earnings, or pain and suffering. Gathering evidence like accident reports, witness testimonies, and photographs is incredibly important to proving each of these facets of negligence.
The time required to settle a construction accident claim can vary widely based on several factors, ranging from a few months to several years. Factors include the case's complexity, the injury severity, the number of involved parties, and whether the case proceeds to trial. Often, insurance companies will attempt to prolong the process. At Hurwitz, Whitcher & Molloy, we always strive to settle our clients' cases as swiftly as possible while ensuring they receive the maximum compensation allowable. However, you should be prepared for the process to take time.
If you’re hurt at work, you usually will qualify for New York workers’ compensation benefits. However, New York law also permits injured workers to file a third-party lawsuit if an outside party caused the work injury. For example, if a subcontractor on your construction job site created unsafe conditions or directly caused your accident, you could file a suit against them in addition to claiming workers’ compensation. Or, if you drive for work, and another driver hits you while you’re driving on a work-related task, you may file a suit against the other driver. Third-party lawsuits give you an avenue to seek compensation for your intangible losses, like pain and suffering, as well as the full amount of your lost wages. Each case is different, though, so contact our experienced NY workers’ comp lawyer to discuss the best options for your situation.
Some workplace injuries and occupational illnesses leave lasting effects, like chronic pain, persistent fatigue, or difficulty completing certain physical tasks. You may not feel ready to resume work, but your employer believes you should go back. Talk to your treating physician about specifying what tasks you can do or pushing back your return-to-work date. However, your employer may threaten to deny future workers’ comp payments or may threaten to let you go if you don’t go back to work. This may be considered retaliation, which is illegal. Discussing your options with our team is the best way to protect your job and your benefits. You may also be able to talk to your employer about working in a different job or about accommodations available to work around your limited abilities.
Many people just like you depend on Social Security Disability (SSD) benefits to make ends meet when they can’t work. However, the Social Security Administration (SSA) has a very narrow definition of what a disability is and what it isn’t. The SSA’s “Blue Book” contains specific disabilities that qualify an individual for disability benefits, and if your condition isn’t a qualifying one, then your application may be denied. You have the right to file an appeal for your SSD denial, though. First, you can ask for a re-review of your application. This is conducted by another SSA benefits specialist, and essentially, you’re asking for someone else to take another look at your application. If your claim is still denied, you can file a more formal appeal. An appeal may need additional supporting documentation or medical evidence of your disability. Any errors or omissions in your appeal could cause it to be delayed or even denied. You have the right to have an attorney draft and file the appeal for you and even argue your case before the Appeals Board. SSA regulations can be confusing if you’re unfamiliar with the laws. Contact our office today to discuss the circumstances of your case and how we can help.

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.