Workers’ Comp for Nurses & Nursing Assistants
Representing RNs, LPNs, CNAs, and nursing support staff at Kaleida, Catholic Health, ECMC, Roswell Park, and long-term care facilities across Western New York.
The culture of healthcare often discourages reporting injuries. You hurt your back on Tuesday, you cover a shift on Wednesday, and you say nothing. We are here to change that narrative. Since 1944, Lewis & Lewis, P.C. has recovered over $1 billion for workers. We know the specific injury risks of bedside nursing, and we know how to secure the benefits you earned.
Free Case Review – You pay nothing unless we win
Why Nurses File the Most Workers’ Comp Claims in Buffalo Healthcare
Nearly half of all healthcare injuries are musculoskeletal. Whether you are at Kaleida Health, Catholic Health, ECMC, or Roswell Park, your risk profile is distinct:
- Med-Surg/Ortho Floors: Highest rates of patient-handling injuries.
- ER/Psych Units: Highest rates of patient-on-staff assaults.
- Long-Term Care: High rates of repetitive-strain injuries and lifting trauma.
Filing a Back Injury Claim After Patient Handling
A back or shoulder injury from lifting, transferring, or repositioning a patient is a compensable workers’ comp claim in New York, whether it happened in a single moment or built up over years of shift work.
- The Problem: Delayed reporting. New York provides 30 days for written notice. If you work through pain for weeks, the insurance carrier will use it as a defense to deny your claim.
- The Documentation Fix: Your doctor must explicitly state that the injury arose “out of and in the course of employment.” Vague records lead to denials.
- Your Right to Safety: Under the New York Safe Patient Handling Act (Public Health Law §§2997-G – L), hospitals must provide safe equipment. You have the right to refuse an assignment you reasonably believe will cause injury.
Call (716) 854-2100 to have your medical file reviewed before you file.
What to Do After a Needlestick or Bloodborne Exposure
Nurses often stop monitoring once the six-month follow-up tests are clean. This is a mistake.
- Ongoing Rights: Per OSHA Bloodborne Pathogens standards, you are entitled to long-term monitoring if exposure occurred. Workers’ comp should remain the payer for as long as medically indicated.
- Immediate Steps: Report the incident on your shift, get baseline testing immediately, and document the source patient’s status.
When a Patient Assault Becomes a Workers’ Comp Claim
An injury caused by a patient who kicked, punched, bit, or pushed you is a compensable workers’ comp claim in New York, and it does not matter whether the patient had dementia, psychiatric illness, or any other diminished capacity.
Nursing staff at ECMC’s Comprehensive Psychiatric Emergency Program, the CPEP units at Buffalo General and Erie County, dementia care units at long-term care facilities, and inpatient psych at Erie County Medical Center face the highest assault rates. The Occupational Safety and Health Administration flags healthcare as one of the highest-risk industries for workplace violence.
Your right to file does not depend on whether the assault was reported to police. But documentation matters. Write it up the shift it happens, request a copy of the incident report, and photograph any visible injuries before you leave the building.
If your assignment repeatedly puts you in unsafe patient handling situations, the New York Safe Patient Handling Act (Public Health Law §§2997-G through 2997-L) requires every hospital and nursing home in the state to have a safe patient handling committee and a written program. It also protects your right to refuse an assignment you reasonably believe will cause injury, without discipline. Most nurses do not know this exists.
Getting Your Shift Differentials Counted
Your average weekly wage must include more than just your base pay. Insurance carriers often intentionally exclude:
- Shift differentials, weekend/holiday premiums, on-call pay, and charge pay.
The Risk: If your carrier-provided C-240 wage form is wrong, your weekly benefit check will be short for the life of your claim. Partner Emily Janicz, a former accountant, audits these forms personally to ensure every dollar is captured.
When the Hospital’s Insurance Contests Your Case
If you receive a FROI-04 form, it is not a rejection—it is the start of the litigation phase.
- Private Hospitals (Kaleida/Catholic): Handled through commercial insurance carriers who will look for “pre-existing degenerative conditions” on your MRIs to apportion your injury to “natural aging.”
- Public/State Facilities (ECMC/Buffalo Psychiatric Center): These involve unique procedural nuances, including state retirement system interactions and civil service job-protection provisions.
Our Promise: Lewis & Lewis attorneys handle Workers’ Compensation Board hearings personally. You will not be handed off. See the general Buffalo workers’ compensation process for how the litigation phase moves.
ECMC Nurses and Employees: A Different Process
Nurses at Erie County Medical Center are public employees, which means the workers’ comp process runs through a different set of rules than private-sector hospital claims.
Roswell Park is a state-affiliated facility, and its workers’ compensation claims typically involve the New York State Insurance Fund and Civil Service Law §71 job-protection provisions. ECMC is a public benefit corporation with its own procedural nuances.
For both, wage calculations often include longevity payments and step increases that private-sector nurses do not receive, and Accidental Disability Retirement through the state retirement system can interact with workers’ comp benefits in ways that need careful structuring.
Frequently Asked Questions
I hurt my back six months ago but kept working. Is it too late to file workers’ comp?
Probably not, but the delay creates a defense the carrier will use. New York’s 30-day notice rule bars claims where written notice was not provided in time, unless you can show the employer had actual knowledge or was not prejudiced. Bring us your charting, incident reports (if any), and any medical records, and we will assess whether the claim is still viable.
Can I choose my own doctor for a work injury as a Buffalo nurse?
Yes. You may see any physician authorized by the New York Workers’ Compensation Board. Your employer or its carrier cannot require you to see a hospital-employed physician for treatment, though they may require you to attend an Independent Medical Examination during the claim.
If my needlestick exposure comes back negative at six months, do I still have a workers’ comp claim?
Yes, the claim remains open. Even a negative result does not close your right to future medical monitoring or to treatment for anxiety or other conditions arising from the exposure. Do not sign a settlement or waiver based on early negative testing without legal advice.
Are CNAs and LPNs covered the same as RNs under workers’ comp?
Yes. New York workers’ compensation covers all employees regardless of credential level, and the injury standards are the same for CNAs, LPNs, and RNs. Wage calculation differs based on your actual earnings, but the eligibility rules do not.
How much does a workers’ comp lawyer cost for nurses in Buffalo?
Nothing out of pocket. Attorney fees in New York workers’ compensation cases are set and approved by the Workers’ Compensation Board and paid from any awarded benefits, never from your existing funds. If we do not recover benefits, you owe no attorney fee.
Can my hospital fire me for filing a workers’ comp claim?
New York Workers’ Compensation Law §120 prohibits retaliation against an employee for filing a claim or testifying at a hearing. If you were disciplined, terminated, or reassigned after filing, document the timeline and contact us. Retaliation claims carry separate remedies.
What if I was working agency or per diem when I got hurt?
You still have a claim. Agency and per diem nurses are covered by the workers’ compensation policy of the entity that employs them, which is typically the staffing agency rather than the facility. Bring us your assignment paperwork and pay records so we can identify the right carrier.
Should I talk to the workers’ comp carrier’s adjuster before I hire a lawyer?
Not without preparation. Anything you say to a carrier’s adjuster becomes part of the case file, and adjusters routinely ask questions designed to establish defenses. If you have already spoken to one, do not panic; call us before the next call.
Do you handle other healthcare roles besides nursing?
Yes. See our page for physicians and surgeons for details specific to that role. We also represent home health aides and personal care aides with their own distinct workers’ compensation issues.
Talk to a Buffalo Workers’ Comp Attorney Who Knows Nursing
Lewis & Lewis, P.C. has offices in Buffalo, Depew, Niagara Falls, Batavia, Olean, and Jamestown. We have represented Western New York nurses and nursing assistants against every major hospital system and long-term care employer in the region.
Bring us your incident report, your medical file, and your most recent pay stubs. We will read them together and tell you where the claim stands.
Call (716) 854-2100 for a free case review, or use the form on this page and one of our attorneys will contact you within one business day.
Lewis & Lewis – Personal Injury Lawyer – Buffalo Office Location
Address: 37 Franklin Street #800 Buffalo, NY 14202
Phone: (716) 442-8987
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Satisfied Client Stories
”I liked Lewis & Lewis from the beginning when they helped me sort through all the paperwork-related to my injury. They really helped me get organized. But what really impressed me was when my Lewis & Lewis personal injury lawyer obtained thousands of dollars in workers’ compensation benefits that I didn’t even know I was entitled to. My attorney worked hard to get me paid.
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