If you're injured on the job in New York, workers' compensation pays your medical care and part of your lost wages regardless of who was at fault — and you generally can't be charged an up-front fee, because lawyers are paid a court-approved percentage only if you recover. Claims run through the New York State Workers' Compensation Board, and you must report the injury and file quickly to protect your rights.
📅 Updated May 13, 2026📖 11 min read✓ Editorially independent
A workplace injury can threaten your paycheck, your medical care, and your job security all at once. Workers' comp is supposed to cover you no matter whose fault the accident was, but insurers routinely dispute, delay, and underpay. The firms below represent injured workers across Western New York, and because fees are a court-approved percentage of your award, the first consultation is free.
How we picked these firms: We reviewed peer rankings (Super Lawyers, Best Lawyers, Avvo), client-review patterns, reported results, and listings across independent directories (Justia, Avvo, Super Lawyers, Expertise). Only firms confirmed by at least two independent sources made the list. We accept no payment for placement and write no sponsored reviews. More on our methodology →
Firms reviewed
1
Hurwitz, Whitcher & Molloy
📍 BuffaloSmall
Practice focus: Workers' compensation, work injuries
A Buffalo firm whose attorneys report more than 125 years of combined experience representing injured workers. Why they made the list: deep, focused experience and a long Western New York track record.
Practice focus: Workers' comp, Social Security disability
Reports more than 100 years of combined experience and over 20 years helping injured workers obtain benefits. Why they made the list: comp and disability experience under one roof.
Founding partner Chris O'Brien has 30+ years of experience and the firm reports settling or trying many seven-figure cases. Why they made the list: strong results on serious work-injury claims.
Craig Small has practiced since 1995 and in Buffalo since 1998, focusing on representing injured people. Why they made the list: a focused solo with decades of local practice.
Practice focus: Occupational disease, asbestos, work injury
John Ned Lipsitz has represented workers with industrial diseases, including asbestosis and mesothelioma, since 1985. Why they made the list: unusual depth in occupational-disease claims.
Focuses on personal injury and workers' compensation and is among New York State's larger disability firms. Why they made the list: scale and a comp-and-disability concentration.
A prominent Western New York firm built around protecting the rights of injured workers and their families. Why they made the list: a reputation centered on injured-worker advocacy.
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What to expect from a workers comp case in Buffalo
An uncontested claim can start paying within a few weeks of filing. A disputed claim that requires hearings before a workers' comp law judge often takes several months to a year, and a case involving a permanent disability classification can take longer as your medical condition stabilizes. Most Buffalo civil cases are filed in Erie County Supreme Court at 25 Delaware Avenue downtown; matters with federal jurisdiction go to the U.S. District Court for the Western District of New York in the Robert H. Jackson Courthouse.
How long does a workers comp case take in Buffalo?
An uncontested claim can start paying within a few weeks of filing. A disputed claim that requires hearings before a workers' comp law judge often takes several months to a year, and a case involving a permanent disability classification can take longer as your medical condition stabilizes.
What does a workers comp lawyer in Buffalo cost?
In New York you don't pay a workers' comp lawyer up front. Fees are set and approved by the Workers' Compensation Board and come out of your award — commonly around 10–15% of the disputed benefits the lawyer wins for you. If the lawyer recovers nothing extra, there's no fee. That makes hiring one essentially risk-free.
What’s specific about a workers comp case in Buffalo
It's no-fault — but still contested. You don't have to prove your employer did anything wrong, but insurers still fight over whether the injury is work-related, how disabled you are, and which treatment they'll pay for.
Report and file fast. Tell your employer in writing within 30 days and file your claim with the Workers' Compensation Board, generally within two years. Missing these windows can cost you the claim.
Comp doesn't cover pain and suffering. Workers' comp pays medical care and a portion of lost wages, not pain and suffering. If a third party (not your employer) caused the injury, you may also have a separate injury lawsuit.
Don't settle a 'Section 32' blindly. A lump-sum Section 32 settlement closes your claim, sometimes including future medical care. Have a lawyer value it before you sign — once it's done, it's usually permanent.
Do you actually need a workers comp lawyer?
For the simplest situations you can sometimes handle things yourself, but once real money, your record, your family, or your health is on the line, experienced representation usually pays for itself. The firms on this list offer a free consultation, so the cost of simply asking is essentially nothing — and a short conversation often makes the right path clear.
How to choose between them
Shortlist two or three firms and call each one. Reputable firms give you a clear fee agreement, a straight answer on who will actually handle your case day-to-day, and an honest range of outcomes rather than a promise. Walk away from anyone who guarantees a result, pressures you to sign on the spot, or can’t point to a verifiable track record. The right fit is the firm that answers your questions plainly and treats your situation like it matters.
Red flags to watch for in Buffalo
Most workers comp firms in Buffalo are competent and ethical. A few are not. These are the patterns worth avoiding:
Guaranteed outcomes. No honest lawyer can promise a specific result. If a firm guarantees an outcome, that’s a sales pitch, not a legal opinion.
The disappearing partner. You meet a senior attorney at intake, then never speak to them again while a junior runs the file unsupervised. Ask in writing who your day-to-day attorney will be.
Pressure to sign immediately. A reputable firm gives you the agreement in writing and time to read it. High-pressure intake usually signals a volume operation.
No verifiable track record. “We’ve helped thousands” is marketing. Specific results, peer rankings, and bar recognition are evidence; ask for them.
Vague fees. “Don’t worry about the cost” is a warning sign. Every legitimate firm will spell out the fee, what it covers, and what triggers extra charges.
What this typically costs in Buffalo
Hiring a workers' comp lawyer in Buffalo costs you nothing up front. New York caps and approves the fee, which is a percentage — commonly 10–15% — of the additional benefits the lawyer secures, paid from the award. No recovery, no fee. Because the math is built into the system, getting a free consultation has essentially no downside.
Questions to ask in your free consultation
Most firms on this list offer a free first meeting. Use it well, and compare answers across at least two firms before you sign.
Who, specifically, will handle my case day-to-day? Get a name and an email, not just the partner you met at intake.
How many cases like mine have you handled in the last three years? You want a number, not a brochure line.
What is your fee, and what does it cover? Get it in writing before you sign anything.
What costs am I responsible for, and when? Out-of-pocket expenses surprise people, so ask now.
What’s the realistic range of outcomes? A good lawyer gives you a range; a bad one promises the high end.
How long will it take? An honest estimate, with the assumptions stated.
How and how often will I hear from you? Set the communication expectation up front.
What to bring to your free consultation
A focused first call saves you money and gets you better advice. Before you speak with a workers comp lawyer in Buffalo, gather everything tied to your situation: letters and notices, contracts or agreements, reports, medical records and bills, photos, pay stubs, and anything in writing from the other side or an insurer. Write a short, plain timeline of what happened and when, and list the full names of everyone involved.
Most important, flag any deadline or court date you have already received, because those dates can be unforgiving, and the lawyer needs to know about them on the first call, not the second. Come with your questions written down and a rough sense of how you would prefer to pay. The clearer your picture, the more useful the lawyer’s read on your options will be.
The bottom line
The firms above are a starting point, not a ranking you must follow in order. Any one of them is a reasonable first call for a workers comp matter in Buffalo. What matters more than their order on this page is the fit: a lawyer who answers your questions in plain English, gives you a clear fee agreement, tells you the realistic range of outcomes, and treats your case like it matters. Talk to two or three, compare what they tell you, and trust the one who is straight with you — including about the parts of your case that are not in your favor.
Frequently asked questions
How much does a workers' comp lawyer cost in Buffalo?
Nothing up front. New York's Workers' Compensation Board sets and approves the fee, usually around 10–15% of the disputed benefits the lawyer recovers, paid out of your award. No recovery, no fee.
Do I have to prove my employer was at fault?
No. Workers' comp is no-fault — you're covered for a work injury regardless of blame. But insurers still dispute whether the injury is work-related and how disabled you are.
How long do I have to file a claim?
Report the injury to your employer in writing within 30 days and file with the Workers' Compensation Board, generally within two years of the injury or of learning it was work-related.
Can I sue on top of workers' comp?
Usually not against your employer. But if a third party — a contractor, a driver, an equipment maker — caused your injury, you may have a separate personal injury claim alongside your comp case.
Should I accept a lump-sum (Section 32) settlement?
Only after a lawyer reviews it. A Section 32 closes your claim, sometimes including future medical care, and is generally permanent. Make sure the number reflects what your claim is actually worth.
One last thing. Choosing a lawyer is personal. Read the reviews, call two or three firms, and ask each one how many cases like yours they’ve handled in the last three years. The answer tells you most of what you need to know. — The LawFirmSquare team
Helpful next steps
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