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Workers' Compensation Defense

Albany, New York, Workers' Compensation Defense Firm

The law firm of Walsh and Hacker, located in Albany, New York has offered 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 Walsh and Hacker Approach to Defending Employers

At Walsh and Hacker, we have defended employers and insurance companies in workers' compensation cases since 1967. Our attorneys appear routinely before state andfederal courts and agencies. We 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 your workers' compensation case. Contact us to arrange for a confidential consultation with an experienced and knowledgeable workers' compensation defense lawyer.

We will assign your case to a specific attorney, ensuring attorney accountability and timely communication as you work together to develop the best possible case strategy and litigation plans that lead to prompt and effective file closure. In complicated cases such as workers' compensation with ADA implications, this kind of personalized attention can be a critical factor.

Defending Against All Workers' Compensation Claims

We offer workers' compensation defense for self-insured employers, third party administrators, municipalities, and insurance companies.

We defend against all workers' compensation claims, including cases involving:

  • The Jones Act, which provides compensation to seamen who are injured in a vessel during the course of their maritime employment
  • Longshore and Harbor Workers' Compensation Act, which involves compensation for employees injured on navigable waters or adjoining areas.
  • Section 905(b)
  • Americans With Disabilities Act, which can present many difficulties if 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 Purpose and Effect of Workers' Compensation Laws

Workers' compensation laws are designed to ensure that employees who are injured on the job receive monetary awards, without having to litigate their claims against their employers. It is an injured workers' "exclusive remedy" unless he or she can point to a third party who contributed to the injuries, such as the manufacturer of the machinery that injured him or her.

As an employer, you have a certain level of protection. The amount that the employees can recover is limited, and injured employees are generally prohibited from suing their co-workers, creating a no-fault system where negligence is not an issue. 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.

New York Workers' Compensation Law

Each state has enacted its own workers' compensation laws, making it 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. Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees.

New York's provisions are as follows:

  • Earnings/employment needed in the base period to qualify for unemployment in New York: 1 ½ x HQW; $1,600 in HQ
  • Computation of Weekly benefit amount: 1/26 HQW unless HQWW is. $3,575 then, 1/25 HQW
  • Minimum weekly benefit amount: $40
  • Maximum weekly benefit amount: $405
  • No weekly earnings disregarded
  • Calculation of number of benefit weeks: uniform duration
  • Number of benefit weeks: 26
  • Size of payroll (length of employment/wages paid): $300 in any quarter
  • Wages subject to taxes: $8,500.

Contact Walsh and Hacker today for experienced, sophisticated workers' compensation defense.

Seasoned Knowledge and Sophisticated Defense With Proven Results Since 1967

The Albany, New York workers' compensation defense firm of Walsh and Hacker represents employers and third-party administrators in the Capital District, Upstate and the Hudson Valley, including Orange, Ulster, Dutchess, Greene, Columbia, Albany, Saratoga, Westchester, Rockland and Warren Counties. We handle hearings in Plattsburgh, Saranac Lake, Glens Falls (Queensbury), Schenectady, Albany (Menands), Hudson, Oneonta, Poughkeepsie, and Newburgh. Call us about representation in other districts of New York.

The Albany, New York workers' compensation defense firm of Walsh and Hacker represents employers and third-party administrators in the Capital District, Upstate and the Hudson Valley, including Orange, Ulster, Dutchess, Greene, Columbia, Albany, Saratoga, Westchester, Rockland and Warren Counties. We handle hearings in Plattsburgh, Saranac Lake, Glens Falls (Queensbury), Schenectady, Albany (Menands), Hudson, Oneonta, Poughkeepsie, and Newburgh. Call us about representation in other districts of New York

Meet Our Team Thomas J Walsh Leo V. Hacker R.S. Thomson Glenn D. Chase Peter J. Walsh Send Us An Email Jeffrey M. Fox Sean F. Nicolette Kelly B. Dean Matthew C Kidd Stefan C. Eilts