Workers’ Compensation Defense
New York's largest firm devoted exclusively to workers' compensation defense
Hamberger & Weiss LLP is the largest firm in New York devoted exclusively to workers' compensation defense. We limit our practice to representation of employers, insurance carriers and third-party administrators (TPAs). In addition, we represent our clients with the defense of their General Municipal Law 207-c claims. We do not represent injured workers.
Our firm is dedicated to the vigorous defense and litigation of our clients' cases, but we also focus on client counseling for litigation avoidance and early exit strategies when the facts and the law warrant. We have experts for every topic in the New York Workers' Compensation Law, and we frequently provide in-house training sessions, webinars, and seminars to educate our clients to make informed decisions.
Workers' Compensation Defense
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How We Can Help
Making the right decisions early on in a claim is critical. The decision of whether to accept or deny a claim can be complex and significantly consequential. We provide comprehensive initial file reviews to determine whether there is a credible basis to deny a claim and to formulate a litigation plan. We work with our clients to identify the appropriate defenses, witnesses, and strategy to give us the best chance of success. However, when our firm receives a referral, we do not automatically launch into litigation without an analysis of the realistic chances of success, consideration of the costs to our client, and consideration of other options that are in our client’s best interest. Sometimes, the best option is an early settlement. While a lump-sum payment early on in a claim may be a difficult pill to swallow, it can result in substantial savings to our client in the long run.
Throughout the course of a workers’ compensation claim, there are a number of issues that arise that require litigation, such as additional injury sites, the proper average weekly wage, degree of disability, fraud, permanency, and more. Each of these issues requires a delicate combination of aggressive litigation and attention to the big picture. Our attorneys work to mitigate liability but also keep the ultimate goal of claim resolution or closure in mind. Every step of the way, our attorneys are there to provide tailored recommendations to our clients.
The workers’ compensation arena changes rapidly, and the law is rarely static. New Board Panel and Appellate Division decisions are issued constantly, and there are a number of important legislative changes on the horizon. It is important to us to keep our clients in the loop with the latest news and updates. We work with our clients, the Workers’ Compensation Board, the industry, bar groups, and legislators to provide pioneering legal services and help our clients navigate the ever-changing landscape. Our firm also frequently does research projects for our clients on major issues affecting workers’ compensation.
Who doesn’t love to settle claims and get them off the books? While we certainly stand ready to litigate claims, we are also keenly aware that some of our clients want to avoid litigation when possible to get claims closed. We provide detailed settlement evaluations and provide recommendations to get claims settled as soon as possible for the least amount possible.
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