Workers’ Compensation Claims
November 6, 2023
Workers Compensation Lawyer NY
At Hurwitz, Whitcher, & Molloy, we are your trusted partners in navigating the complex landscape of workers’ compensation law in New York. If you’ve been injured on the job, you understand the challenges that can arise from dealing with medical bills, lost wages, and the intricate legal processes involved. Our esteemed law firm specializes in advocating for the rights of workers across the state, ensuring that your interests are safeguarded and your rightful compensation is secured. With a proven track record of success, a deep understanding of New York’s workers’ compensation laws, and a client-centered approach, we stand ready to provide you with the expert guidance and unwavering representation you need during these trying times. When you choose Hurwitz, Whitcher, & Molloy, you’re choosing the best Workers Compensation Lawyer in NY,who are committed to fighting for the justice and compensation you deserve.
Types of Workplace Accidents and Resulting Injuries
At Hurwitz, Whitcher, & Molloy, we recognize that workplace accidents can come in various forms, each with the potential to result in a wide range of injuries. Our experienced team of workers’ compensation lawyers is well-versed in addressing the diverse array of accidents that can occur on the job in New York. Whether you’ve suffered a slip and fall, an equipment malfunction, a construction site incident, or any other type of workplace accident, our firm is dedicated to ensuring that your rights are protected and that you receive the compensation you deserve. From minor injuries to more severe ones that may require long-term medical care and rehabilitation, we are here to provide you with the comprehensive legal representation and personalized attention you need to navigate the complexities of workers’ compensation claims. With our deep understanding of New York’s labor laws and a history of successfully advocating for injured workers, Hurwitz, Whitcher, & Molloy is the steadfast partner you can rely on in your pursuit of justice and rightful compensation.
Eligibility For Workers’ Compensation Claims In New York
At Hurwitz, Whitcher, & Molloy, we believe that understanding your eligibility for workers’ compensation claims is paramount when seeking the rightful support you deserve after a workplace injury in New York. New York’s workers’ compensation system is designed to provide financial and medical assistance to employees who have sustained injuries or illnesses while performing their job duties. To be eligible for such compensation, certain criteria must be met. Our dedicated team of workers’ compensation lawyers is here to guide you through the intricacies of these eligibility requirements.
In New York, to be eligible for workers’ compensation benefits, the following conditions generally apply:
- Employment Status: You must be considered an employee, as opposed to an independent contractor or freelancer. This means that you were hired and are under the direction and control of an employer.
- Work-Relatedness: Your injury or illness must be directly related to your job duties or work environment. This includes accidents that occur at your workplace, as well as injuries resulting from job-related activities outside the workplace.
- Timely Reporting: It is crucial to report your injury to your employer as soon as possible, preferably within 30 days of the incident. Delayed reporting might impact your ability to receive benefits.
- Employer Coverage: Your employer must have workers’ compensation insurance coverage or be legally required to provide it. Most employers in New York are mandated to have this insurance, even if they only employ a single person.
- Medical Treatment: You must seek medical treatment from a healthcare provider authorized by the New York Workers’ Compensation Board. This documentation will be necessary to support your claim.
- Filing a Claim: You need to file a workers’ compensation claim with the New York Workers’ Compensation Board within a specific timeframe, typically within two years from the date of the injury.
Navigating these eligibility requirements can be complex, At Hurwitz, Whitcher, & Molloy, we specialize in helping individuals like you understand and assert your rights. Our seasoned lawyers possess an in-depth understanding of New York’s workers’ compensation laws and have a proven track record of successfully advocating for injured workers. When you choose us, you’re choosing a team that’s committed to securing the compensation and support you need to move forward with confidence after a workplace injury.
Workers’ Compensation Claims: Eligibility & Filing
At Hurwitz, Whitcher, & Molloy, we recognize that the process of securing workers’ compensation benefits can often be complex and overwhelming. Our dedicated team of workers’ compensation lawyers is here to guide you through the intricacies of eligibility and filing requirements in the state of New York. To be eligible for workers’ compensation benefits, several factors must align. First, you need to be classified as an employee rather than an independent contractor or freelancer. The injury or illness you’ve experienced must be directly related to your job duties or work environment. Swift reporting of the incident is crucial, ideally within 30 days, to ensure your claim’s validity. Moreover, your employer should have workers’ compensation insurance coverage or be legally obligated to provide it. Seeking medical treatment from an approved healthcare provider and filing a claim with the New York Workers’ Compensation Board within the stipulated timeframe, usually within two years of the injury, are further essential steps in the process. Negotiating these criteria might be daunting, but with Hurwitz, Whitcher, & Molloy by your side, you can trust in our profound understanding of New York’s workers’ compensation laws and our commitment to securing the compensation you rightfully deserve.
Do’s and Dont’s of Filing of Workers Compensation Claim
A workers compensation lawyer in NY offers helpful advice to ensure injured workers get the financial and medical support they need to pay their bills and living expenses while they recover. An experienced lawyer can offer helpful do’s and don’ts to maximize critical benefits.
Do Seek Immediate Medical Care
The team at Hurwitz, Witcher, & Molloy LLP recommends getting a medical evaluation as soon as possible following an injury at work. A medical professional can look for signs of potential complications that may manifest over subsequent days.
Do Report The Injury To Your Employer
Many individuals do not report injuries to their employers because they worry about retaliation or believe their discomfort will resolve quickly. However, a report ensures that an employer files the appropriate workers’ compensation paperwork for employees to receive benefits they may not realize they need.
Do Obtain Eyewitness Accounts
When an accident occurs, witness testimony can facilitate a claim. For example, a NY workers’ compensation lawyer can submit indisputable witness statements when insurers attempt to deny claims.
Do File A Claim Immediately
Immediately informing an employer about an accident will eliminate an insurer’s argument that a resulting injury is not severe enough to warrant a legitimate claim. In most states, insurers must receive injury-related paperwork between 30 and 45 days from the date of an accident.
Do Collect Medical Documents
Injured workers should collect all medical records relating to their injuries. A workers compensation lawyer in NY can review a doctor’s evaluation, prognosis, and treatment plan for details that an insurance adjuster will require.
Don’t Rush Back To Work
Injured employees should avoid returning to work before they are ready. Taking the appropriate time to heal from work-related injuries can prevent long-term complications.
Don’t Speak With Insurance Adjusters
A workers compensation lawyer in NY handles all communication with insurers. For example, the Hurwitz, Witcher, & Molloy LLP team knows how to counter adjusters’ tactics for reducing claim payments and obtaining appropriate damages for their clients.
Don’t Sign Releases
Insurance adjusters try to prove that pre-existing conditions are responsible for workers’ injuries. Therefore, workers should decline requests to sign a medical release to prevent insurers from looking for evidence that challenges their claims.
Don’t Discuss With Others
Injured workers should avoid discussing their injury cases with insurance company representatives. Instead, injured workers should only discuss their condition with their doctors, lawyers, or spouse.
Don’t Settle Prematurely
A workers compensation lawyer in NY usually recommends that workers decline insurers’ initial low settlement offers.
Do’s and Dont’s Infographic
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.
What if My Injuries Occurred While I Was Traveling?
It is important to understand that the “where” of an injury doesn’t really matter for the purposes of a workers’ compensation claim. While off-site injuries may be harder to prove—and may be more frequently called into question by claims adjusters—the only qualifying criteria that “counts” for the purposes of benefits is whether you were engaged in work-related activities when the harm occurred. If you drive for a living and were involved in a motor vehicle accident while you were on the clock and you are otherwise eligible for benefits, you should file a claim. Similarly, if you were participating in mandatory work-related travel (running an errand at your boss’s request, traveling en route to a mandatory work function, etc.), you should be eligible to file a claim.
With that said, it is a good idea to speak with an experienced NY workers’ compensation lawyer from Hurwitz, Whitcher, & Molloy about your situation before filing a claim if your harm occurred while you were traveling. Offsite injury occurrences do tend to result in particularly complex claims processes. As a result, our NY workers’ compensation lawyer team likes to be proactive about helping to ensure that injured workers are paid fairly valued settlements in a prompt manner.
Can I Also File a Personal Injury Claim?
If you’ve been hurt on the job, those invested in your wellbeing may be encouraging you to sue those responsible for causing your harm. This may also be true if you have been exposed to substances on the job that have made you sick. It is important to understand that employers are generally insulated from legal liability in the event that their workers who are eligible for workers’ compensation suffer job-related harm. This means that if you are eligible for workers’ compensation benefits, you can sue others responsible—partially or totally—for your harm, but you can’t sue your employer. As far as your employer is concerned, you can only collect your workers’ compensation benefits award. If you are unsure of how these general rules may apply to your situation, know that the team at Hurwitz, Whitcher, & Molloy is more than happy to clarify this issue for you.
Why You Need to Seek Medical Help for Work-Related Injuries
Going to the doctor’s office can be a hassle. Especially when you are coming back from work and you suffered from an injury, it can seem like one more inconvenient thing that you need to do when you get home. Surely, your injury will go away on its own and you will be fine and ready to return to work in a few days, right? If you are hoping to successfully file for any amount of workers’ compensation benefits, you may want to rethink whether you should avoid going to the doctor’s office. It may seem like your injuries are minor at the time, but they can be more severe than you think they are.
Get the Timing Right
You may think that you will get around to seeing a doctor eventually, so you do not sweat whether you see them immediately following the accident or a few days later. However, a New York workers’ compensation lawyer knows that there is no better time than as soon as you can after the accident. Perhaps you did not fall and hit your head, but maybe you fell on your bottom, your arm, or your hip. These may seem like the safest areas to fall and you may not notice obvious signs of damage. However, a doctor may wish to use imaging scanners to determine if you sprained, fractured, or broke something without knowing it. A doctor will also help ensure you are not bleeding internally, something serious and life-threatening that may show no signs until it is too late.
Why is this important to my claim?
Seeking medical help is extremely important to your claim. You may be working with a lawyer for your workers’ compensation claim and have truly been injured while you were working. However, this will be a tough sell for your employer’s insurance company when you submit your workers’ compensation claim. The insurance agents will not only be less sympathetic but may completely doubt that you were injured while working. They may even try to make a case that while you do have injuries, you could easily have received them from something unrelated to your job or before your accident at work. What should you do?
- Seek medical help immediately. This means, if you are able, tell your supervisor what happened and leave work right after the accident happened.
- Tell your doctor that you were injured in a workplace accident so they know that you will be needing a detailed medical report.
- Tell them of any symptoms you are experiencing and give them details regarding how the accident happened and how you became injured.
Your workers’ compensation lawyer in New York knows that your medical records will be one of the most valuable pieces of evidence when it comes to your workers’ compensation claim. A doctor will help you recover to the best of your ability and will provide the necessary information for your claim.
FAQ
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How much do workers comp lawyers charge in New York?
At Hurwitz, Whitcher, & Molloy, we understand the importance of transparency and accessibility, especially when it comes to legal matters such as workers’ compensation claims in New York. Our law firm operates on a contingency fee basis for workers’ compensation cases. This means that our clients do not need to worry about upfront costs or hourly fees. Instead, our payment is contingent upon the successful outcome of your case. In other words, we only get paid if we secure compensation for you.
New York State Workers’ Compensation Board sets regulations that cap the attorney’s fee for workers’ compensation cases. Typically, our fee is a percentage of the benefits we secure for you, and this percentage is subject to the state’s maximum allowable rate. This fee structure ensures that you can seek expert legal representation without concerns about exorbitant fees.
During your initial consultation with us, we will provide you with a clear understanding of our fee structure and how it applies to your specific case. We believe in open communication and ensuring that our clients are well-informed every step of the way. Our priority is to alleviate the financial burden on our clients while working tirelessly to secure the compensation they deserve.
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Can you sue workers comp in NY?
In New York, the workers’ compensation system generally prevents employees from suing their employers for workplace injuries covered by workers’ compensation insurance. However, if a third party, such as a negligent equipment manufacturer or contractor, contributed to your injury, you might have grounds for a personal injury lawsuit against that party. At Hurwitz, Whitcher, & Molloy, we specialize in navigating these complexities. Our experienced attorneys can evaluate your case, determine potential avenues for legal action, and guide you toward the best course of action to secure the compensation you deserve.
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How long does it take to settle a workers comp case in NY?
The duration of settling a workers’ comp case in New York can vary widely based on factors such as the complexity of the case, the severity of injuries, and the cooperation of all parties involved. Some cases can be resolved in a matter of months, while more intricate cases might take a year or longer. At Hurwitz, Whitcher, & Molloy, we prioritize expediting the process while ensuring your rights are protected. Our experienced lawyers work diligently to negotiate the best possible outcome and help you receive the compensation you’re entitled to in a timely manner.
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Why can’t you sue your employer in NY?
In New York, the workers’ compensation system is designed to provide a no-fault insurance arrangement that benefits both employees and employers. Employees are generally prohibited from suing their employers for workplace injuries covered by workers’ compensation insurance. This system ensures that injured workers receive timely medical care and wage replacement without having to prove employer negligence. However, if a third party’s negligence contributed to the injury, legal action against that party might be possible. At Hurwitz, Whitcher, & Molloy, we’re dedicated to helping you understand these nuances and pursuing the best course of action to secure your rightful compensation.
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HOW DOES WORKMAN’S COMPENSATION WORK IN NEW YORK?
Workers’ compensation, or workman’s comp, operates as a no-fault insurance system in New York. If you’re injured on the job or suffer a work-related illness, you’re entitled to benefits regardless of who was at fault. These benefits cover medical treatment, wage replacement, and potentially other related expenses. At Hurwitz, Whitcher, & Molloy, we’re well-versed in New York’s workers’ compensation laws. We guide you through the process, ensuring proper documentation, filing of claims, and negotiations to secure your rightful compensation. Our experienced team stands by you, advocating for your rights and helping you navigate the complexities of the system.
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HOW CAN I APPEAL A NEW YORK WORKERS’ COMP DECISION?
If you’re dissatisfied with a New York workers’ comp decision, you have the right to appeal. At Hurwitz, Whitcher, & Molloy, we’re here to help you navigate this process. First, request a hearing with the New York Workers’ Compensation Board by submitting Form RB-89. During the hearing, present evidence supporting your case. If the decision remains unfavorable, you can appeal to the Workers’ Compensation Board’s Appeal Division. Legal guidance is crucial at this stage. Our experienced attorneys specialize in workers’ comp cases and can guide you through the appeals process, ensuring your rights are protected and your case is heard effectively.
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What Is A Workers’ Comp ‘Independent’ Medical Examination?
A Workers’ Comp ‘Independent’ Medical Examination (IME) is a medical evaluation requested by an employer’s insurance company or the Workers’ Compensation Board. It’s conducted by a doctor not previously involved in your care. This assessment aims to provide an impartial assessment of your medical condition, treatment, and whether you’re fit to return to work. IMEs can impact your benefits, so it’s crucial to approach them carefully. At Hurwitz, Whitcher, & Molloy, we guide you through IME processes, ensuring your rights are upheld, and your interests are protected during this evaluation to secure the compensation you deserve.
Proving Your Workplace Is at Fault for the Injuries Sustained
It is always crucial to prove fault in a personal injury case. This is also the case for a workers’ compensation injury. Your lawyer will want to collect evidence that shows some sort of negligence occurred to cause your injuries. This may be in the form of an action that harmed you or lack of taking action, which caused you to become injured.
Buffalo Work Injury Law Statistics
According to statistics from the Occupational Safety and Health Administration (OSHA), each year, there are more than 190,000 workers suffer illnesses from workplace chemical exposure. Approximately 50,000 of those workers die. Some of these chemical exposures result in cancers and other conditions to the brain, heart, kidney, lungs, nerves, stomach, and reproductive issues. This is why victims of job-related injuries and illnesses need an aggressive lawyer representing them.
WHEN SHOULD I HIRE A WORKERS COMP LAWYER?
You should consider hiring a workers’ comp lawyer from Hurwitz, Whitcher, & Molloy if you’ve been injured on the job in New York. Our experienced team can assist you in various situations: when your claim is denied, benefits are inadequate, your injury hinders your ability to work, your employer retaliates, or you face complexities in the claims process. Early involvement enhances your chances of a successful claim. We provide expert guidance, ensure proper documentation, negotiate on your behalf, and represent you through hearings or appeals. Our goal is to secure your rightful compensation while relieving you of legal stress.
In times of workplace adversity, securing your rights and rightful compensation is of paramount importance. At Hurwitz, Whitcher, & Molloy, we stand as your steadfast partners, armed with the expertise and dedication to navigate New York’s intricate workers’ compensation landscape. With a proven record of success, a deep understanding of the laws, and a client-centered approach, we’re committed to advocating for your well-being and future. Let us be the pillar of support during this challenging journey, ensuring that justice is served and your interests are safeguarded. When you choose us, you’re choosing a team that’s driven by your needs, with the knowledge and passion to secure the best possible outcome for you.
Workers’ Compensation Laws
New York has many laws designed to protect workers in the event of a workplace injury or illness, as a NY workers compensation lawyer can explain. Along with this reputation, New York has developed robust laws to protect the rights and interests of its workforce. Among the most significant are the laws governing workers’ compensation. Every lawyer knows these laws inside out, and for anyone navigating the complexities of workplace injuries, it’s crucial to understand some key aspects.
The Essence Of Workers’ Compensation In New York
The workers compensation system is designed to support injured or ill workers so that they do not have to face the burden of their accident-related expenses. These laws ensure that if an employee gets injured or falls ill due to work-related activities, they can receive monetary compensation without having to prove employer negligence.
Coverage And Benefits
Almost every employer in New York is required to have workers’ compensation insurance for their employees, including full-time, part-time, leased, borrowed, and family members. This insurance coverage provides for the medical care of the injured worker and, if they are unable to return to work, wage replacement benefits. As a workers’ compensation lawyer can explain, benefits can cover a range of expenses. This includes necessary medical care related to the injury or illness, as well as payment for lost wages if a worker is unable to work due to the injury sustained. If the worst happens and a worker dies as a result of their job, workers’ compensation also provides death benefits to the worker’s beneficiaries.
The Role Of A Workers’ Compensation Lawyer
Because there are so many complexities and challenges often involved in the workers compensation claims process, it helps to hire a seasoned lawyer. Such an attorney can guide workers through the intricate claims process, negotiate with insurance companies, and even represent them in hearings or appeals if necessary. Having a seasoned lawyer can make all the difference in ensuring that an injured worker’s rights are protected and they receive the full benefits to which they’re entitled. One firm that stands out in this arena is Hurwitz, Whitcher & Molloy. Their team of dedicated professionals works diligently on behalf of injured workers, ensuring that their clients’ needs are addressed and rights upheld.
Timely Reporting And Filing
One of the critical aspects of New York’s workers’ compensation laws is the timeline for reporting and filing claims. Injured workers must notify their employer of the injury or illness within 30 days of its occurrence. Following this, there’s a two-year window from the date of injury or discovery of a work-related illness to file a formal claim. If claimants do not adhere to the timeline, their benefits may be denied.
Contact A Lawyer
New York’s workers’ compensation laws exist to protect the interests and well-being of the state’s vast workforce. While the process might seem daunting, it’s designed to ensure that injured workers get the support and compensation they deserve. If you or someone you know has been injured at work, consider seeking out a competent New York + workers’ compensation lawyer. Remember, having expert guidance can be invaluable in navigating the nuances of these laws. For trusted legal support and professional assistance, reach out to Hurwitz, Whitcher & Molloy. They’re here to help. Learn more about how you can receive the compensation that you deserve by contacting a skilled workers’ compensation lawyer.
Hurwitz, Whitcher, & Molloy NY Workers’ Compensation Lawyer
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