You CAN Fight a Workers' Comp Claim

Workers' Compensation Leaders Who Can Explain Your Rights

In our 40 years of defending businesses and their insurance carriers, the attorneys of Walsh and Hacker have found that employers don't always know their rights. Uninformed employers too often err on the side of letting a doubtful workers' compensation claim go unchallenged.

Contact us at 518-463-1269 or toll free 866-240-3041for a full explanation of your rights, and aggressive protection of your interests. We represent employers, insurers and third-party administrators in the Albany area and throughout the Hudson Valley and Upstate New York.

Employees' Rights

Under state law, an employee injured in the normal course of work has a right to certain employer-paid benefits: (a) payment of medical bills, (b) temporary disability pay while off the job, and (c) lump sum payments for permanent injuries.

Fault is not considered - the worker can receive benefits if his own negligence led to the injury. The employer can recommend a medical provider, but cannot require the employee to go to a certain doctor or clinic. If the claim is controverted, the worker is entitled to request a hearing before a Workers' Compensation Law Judge.

Employers' Rights

Through legal counsel or its insurance company, an employer has the right to challenge any assertions made by an employee. This includes the right to present testimony of medical experts to refute the claim, and testimony of lay witnesses, including supervisors or co-workers of the claimant. We commonly hire private investigators to observe employees away from the workplace - a powerful and admissible tool for contesting a claim of disability.

At Walsh and Hacker, much of what we do flows from Accident, Notice and Causal Relationship (ANCR): Is the employee making a claim for an injury that occurred off the job? Was it a pre-existing condition? Did the employee inform a supervisor immediately about a job-related accident? Is there medical proof that the disability directly resulted from a workplace incident or working conditions?

The employer has the right to attend any hearings relating to a worker's claim.

The employee:

  • Cannot withhold medical information
  • Cannot knowingly provide false information
  • Cannot choose the judge who hears the case
  • Cannot choose the defense's experts or witnesses
  • Cannot testify without cross-examination by the defense

Workers have many rights, and the law is set up to give the employee the benefit of the doubt. But employees cannot interfere with the employer's rights to challenge a claim. Walsh and Hacker has provided effective, cost-efficient representation in workers' compensation litigation since 1967.

Contact us today to arrange a consultation. We represent employers, insurers and third-party administrators in the Albany area and throughout the Hudson Valley and Upstate 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, Utica, Schenectady, Albany (Menands), Hudson, Norwich, Poughkeepsie, and New Windsor (Newburgh). Call us about representation in other districts of New York