Over 20 Years of Experience Representing Individuals, Not Companies


The lawyers of the firm Erwin, McCane & Daly decided more than 20 years ago to represent individuals, never companies, which is still true to this day. With the commitment made, we have extensive experience in New York workers’ compensation and federal Social Security Disability claims representing disabled and injured individuals. This allows the practice […]

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All You Need to Know About Seeing a Workers’ Compensation Doctor

Workers Comp Doctor

Filing a workers’ compensation claim can be a daunting task, and that’s why we’re here to help as your workers’ compensation attorneys. Did you know that there’s another key member in your case? A workers’ compensation doctor is crucial to any workers’ compensation claim. Workers’ compensation doctors not only provide treatment for your injury, they […]

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Updates in Federal and State Workers’ Compensation

Workers Comp Forms

Worker’s compensation is oftentimes more complicated than it seems. EMD Law brought you a detailed summary of the eligibility difference between federal and state workers’ compensation. This is a good place to start, but whether you have already filed a claim or are just getting started, it’s important to stay in the loop regarding updates […]

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Fault in a Workers’ Compensation Case

Workers Comp Case Fault

Unlike other accidents, when it comes to workers’ compensation cases, no one party is at fault, due to the way the workers’ compensation laws were designed. The only thing that matters in these cases are that the employee was injured at their workplace, or became ill due to their workplace. However, there are exceptions to […]

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Must an Injured Worker Submit to a Medical Examination?

Doctor and Patient

If you’ve filed for workers’ compensation, must you submit to a medical examination that has been requested by your employer or insurance carrier? The short answer is, yes . Think about it – is it very unlikely that you will be taken at your word when you file a claim that says you’ve been injured […]

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Are My Prescriptions Covered Under Worker’s Compensation?

Doctor and patient

Many questions that we get about workers’ compensation insurance revolves around prescriptions. These questions include: Are my prescriptions covered under my workers’ compensation insurance? Yes, to the relief of many, you will be entitled to your prescriptions under your employer’s workers’ compensation insurance. Why does my insurance company tell me I can only get my […]

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The 3 Factors That Make Up a Strong Initial Claim

Police Evidence

A strong initial claim is crucial in a workplace injury case. As a plaintiff, you will want to come out of the gate very strong. The longer a case goes on, the more steam it will lose, and if you don’t have all of your evidence up front, you might not be able to successfully […]

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OSHA Penalties Got a Major Increase This Summer


Starting in August, the Department of Labor increased the maximum penalties for violations of the Occupational Safety and Health Administration (OSHA). Citations issued by OSHA on or after the date of August 1st, 2016 are subject to the new penalties, provided that the cited violations occurred after November 2, 2015. Additionally, OSHA penalties will adjust […]

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Three Practices of Mismanagement that Lead to an Increase of Workplace Injury

Mismanagement in the workplace can come about for many reasons, and often leads to an increase in workplace accidents. Negligence in the workplace can be caused by: Ignorance of Safety Regulations – Federal regulations are created to govern workplace healthy and safety. An employer’s failure to comply with these regulations can lead to a hazardous […]

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Can I Receive Both Workers’ Comp and Social Security Disability Benefits?

Is it possible to receive Workers’ Compensation and Social Security Disability Benefits simultaneously? In a word, yes. Workers’ Compensation programs are run on a state-by-state basis, whereas SSDI is a federal program run by the Social Security Administration (SSA). However, many factors go into the eligibility of these programs, making it entirely possible that someone […]

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