Walsh & Hacker Albany, NY
Proven Results Since 1967

Workers' Compensation Defense

Albany, New York Workers’ Compensation Defense Firm

The law firm of Walsh & Hacker, located in Albany, New York offers workers’ compensation defense services to employers and insurance companies throughout the state of New York since 1967, including communities in Columbia County, Saratoga County, Schenectady County, Warren County and Essex County.

The Jones Act and Section 905(b)

Additionally, the attorneys at Walsh & Hacker represent employers and insurance companies in cases involving the Jones Act and Section 905(b). The Jones Act provides compensation to seamen who are injured on a vessel, during the course of their employment.

Workers’ Compensation Laws Are State Specific

Workers’ compensation is a system of laws that provide for compensation for workers who are injured during the course of their employment. because each state has enacted its own workers’ compensation laws, it is vitally important to seek the services of a firm whose lawyers are thoroughly conversant with the laws of the state where the claim is filed.

At Walsh & Hacker, we have been defending employers and insurance companies in workers’ compensation cases since 1967, and our attorneys appear routinely before state and federal courts and agencies, and they are familiar with the personnel and procedures at the Office of Workers’ Compensation Programs (OWCP) and the Office of Administrative Law Judges (OALJ). This is the type of knowledge and experience that can contribute significantly to the successful and timely conclusion of a worker’s compensation case. Contact us to arrange for a confidential consultation with an experienced and knowledgeable workers’ compensation defense lawyer.

Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits.
 
According to the U.S. Department of Labor, Employment & Training Administration there are, “significant provisions of state unemployment insurance laws in July 2004 in each state.” The state of New York’s provisions are as follows:

  1. Earnings/employment needed in the base period to qualify for unemployment in New York:1 ½ x HQW: $1,6000 in HQ
  2. Computations of Weekly benefit amount: 1/26 HQW unless HQWW is. $3,575 then, 1/25 HQW
  3. Minimum weekly benefit amount: $40
  4. Maximum weekly benefit amount: $405
  5. Weekly earnings Disregarded None, all employment affects WBA
  6. Calculation of number of benefit weeks: uniform duration
  7. Number of benefit weeks: 26
  8. Size of payroll (length of employment/wages paid: $300 in any quarter
  9. Wages subject to taxes: $8,500.

Walsh & Hacker, of Albany, New York, defends employers against workers compensation claims

Walsh & Hacker, of Albany, New York, defends employers against workers’ compensation claims, including the defense of lawsuits for maritime personal injury initiated under the Jones Act and Section 905(b).

Additionally, various disability discrimination practices based on the Americans with Disabilities Act are frequently involved in workers’ compensation claims as well, and this can present many difficulties if, and when an employer attempts to bring an injured employee back to work on “light duty” assignments after the employee has been involved in filing a Workers’ Compensation claim.

The Walsh & Hacker approach of assigning each case to a specific attorney can become a critical factor in complicated cases such as the workers’ compensation with ADA implications. Furthermore, this approach ensures attorney accountability and timely communication between the attorney and the client, as they work together to develop the best possible case strategy and litigation plans that lead to prompt and cost effective file closure.

The Purpose and Effect of Workers' Compensation Laws

Workers' compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary awards, without having to litigate their claims against their employers. In this way, workers' compensation is an important safety net for employees when they are injured on the job or as a result of their job.

Most workers' compensation laws also provide employers and co-workers with a certain level of protection, by limiting the amount employees can recover from their employers, and prohibiting, in most cases, injured employees from suing their co-workers. In essence, workers' compensation is a no-fault system, where an injured worker's own negligence, or the negligence of his or her employer or co-workers, is not put at issue; rather, the injured employee is simply covered for his or her work-related injuries.

Thus, workers' compensation is an injured worker's "exclusive remedy" with respect to a work-related injury, unless he or she can point to a third party who contributed to his or her injuries. For example, because workers are often injured by products or machinery they use at work, they may, and often do, seek compensation from the manufacturers of such products.

Walsh & Hacker, of Albany, New York, defends employers against workers compensation claims, including the defense of lawsuits for maritime personal injury initiated under the Jones Act and Section 905(b).

Additionally, various disability discrimination practices based on the Americans with Disabilities Act are frequently involved in workers’ compensation claims as well, and this can present many difficulties if, and when an employerattempts to bring an injured employee back to work on “light duty” assignments after the employee has been involved in filing a Workers’ Compensation claim.

The Walsh & Hacker approach of assigning each case to a specific attorney can become a critical factor in complicated cases such as the workers’ compensation with ADA implications. Furthermore, this approach ensures attorney accountability and timely communication between the attorney and the client, as they work together to develop the best possible case strategy and litigation plans that lead to prompt and cost effective file closure.

Expertise, Knowledge and Experience With Proven Results Since 1967

Walsh & Hacker
Albany New York Workers’ Compensation Defense Lawyers
18 Corporate Woods Boulevard
Albany, New York 1211
Telephone: 518-463-1269
Facsimile: 518-432-1218


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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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