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Lawyers

Worker’s Compensation Attorneys in Albany, NY

You may find yourself faced with many decisions to make. Our primary objective is to maximize your benefits to restore your immediate and future financial security. Our workers comp lawyers will work directly with you and guide you through the workers’ compensation system. We expedite the process and keep you updated at every step, explaining each option that you have available. With over 20 years of experience, you can trust us to protect your rights.

You Need Expertise ON YOUR SIDE

Erwin, McCane & Daly is a trusted source for people who need representation from workers’ compensation and social security attorneys in Albany, NY. We’re seasoned legal veterans who will be on your side and will handle your case personally. We will also go with you to any hearings that are held.

Do I Qualify?

We’ve Got Answers To All Of Your Questions

If you live or work in New York and suffer a work-related injury, illness or disability, you may be eligible for workers’ compensation benefits. Many workers rely on their employers to tell them whether their injury qualifies them to receive workers’ compensation, for how long and how much they can expect to collect. That can be a serious mistake with significant financial consequences.

Other workers try to handle their cases themselves — or enlist the help of a lawyer who does not concentrate in workers’ compensation cases. This also can result in a worker not collecting the full amount he or she deserves. If you have suffered a work-related injury, you need to consult with an experienced, knowledgeable workers’ compensation attorney.

At Erwin, McCane & Daly, an Albany, New York, worker’s compensation law firm, we have helped injured workers for more than 20 years collect the full amount of workers’ compensation they deserve.

Focus on your health. Your injury and the complicated process of collecting workers’ compensation understandably cause stress. When you lean on us to complete the legal paperwork and represent you at hearings, you can focus your attention on recuperating.

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What Benefits Can I Expect?

When someone is injured at work, they have two questions: Do I qualify for workers’ compensation? And, what benefits can I expect to receive?

At times, it seems the answers to each of those questions generate a half dozen more questions. That’s why, if you have suffered an injury on the job, it’s a smart decision to enlist the services of Erwin, McCane & Daly. The Albany, New York, firm’s partners have many years of experience representing injured workers and disabled individuals in New York workers’ compensation and federal Social Security Disability Insurance (SSDI).

What Does Worker’s Compensation Cover?

The majority of employers in New York State must provide workers’ compensation coverage to their employees (WCL §2 and 3). While there is a select group of people who are not covered, most can rest assured that if a work place injury does occur, they will receive benefits. Employers may secure workers’ compensation coverage through the New York State Insurance Fund, a private insurance carrier, or by self-insuring. Who an employer is insured through does not affect the benefits you are entitled to collect if you have suffered a work place injury.

  • Compensation for lost wages - Benefits are not paid for the first seven days of a disability, unless it extends beyond 14 days. If the disability extends beyond 14 days, you may receive benefits from the first work day you missed. The amount of weekly compensation you receive is based on your average weekly wage for the previous year. The following formula can be used to calculate benefits.
  • Compensation for medical costs - Necessary medical care is provided no matter how short or long the length of disability. Medical supplies and care are paid for by the employer or the employer’s insurance. Except in an emergency situation, the health care provider must be authorized by the Workers’ Compensation Board. Failure to receive treatment from an authorized provider may cause you to lose out on benefits.
  • Permanently Disabled Workers - Once your medical condition has stabilized to the point of Maximum Medical Improvement (MMI), your doctor will determine if your work-related injury has left you with a permanent disability. If you are 100% disabled, you will receive two-thirds of your average weekly wage for as long as you remain disabled. Your degree of disability will determine the percentage of weekly wages you will receive.
  • Death Benefits - If a work-related injury leads to the death of an employee, workers compensation benefits will be paid to their spouse, dependent child, or other dependents. The same formula will be used to determine the benefits that the dependent will receive. New York workers’ compensation also covers reasonable funeral expenses.
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See What Some of Our Clients Have to Say

"...I’d Recommend Mr. Daly to ANYONE."

My case is currently ongoing and I'd recommend Mr Daly to ANYONE. He won't tell you nothing that he doesn't know or that isn't a fact. If he's busy on the phone shoot him an email he always responds right away even on Sunday when he can! Communication is huge and that's just 1 out of 50 things this man is great at. Even his staff are wonderful. He definitely is the best in the business when it comes to a REAL ATTORNEY he fights for YOU you'll never have doubts by having them especially Mr Daly fight for you and trust is big for me but I trust them 100% and I never even met him. But like they say the Proof is in the pudding!

"...attentive, knowledgable, accurate..."

Working with the team has been a pleasure! They were attentive, knowledgeable, accurate and most of all made you feel safe with their decision and treated you as if you were their own. It was a long road but they made it possible to win a fight while attending to your health and other matters. Thank you team.

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How EMD Stood Up for a Firefighter’s Family

Erwin, McCane and Daly successfully represented a 37 year old widow and her 5 year old child  in a contested volunteer firefighters case when her 37 year old  husband died of a heart attack while responding to an emergency call.   A medical expert hired by EMD supported the case during testimony after both the insurance expert and the attending physician refuted the case. The widow was paid a lump sum of $56,000 plus $887/week for life.

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