About Us

The Law Offices of Melissa A. Day, PLLC is “Western New York’s Premier Workers’ Compensation Defense Firm.” 

         – Mark Jay, CPCU AIC, Senior Claims Specialist, Key Insurance & Benefits Services, Inc.

If you, like many in New York, have become dissatisfied with the traditional NY workers’ compensation defense business model or what we refer to as “the assembly line defense”, perhaps it is time for you to stop getting frustrated and to GET M.A.D. instead.

For years defense of NY claims has been predicated on volume; in the morning defense attorneys picked up the 15 – 20 files for the hearings that they were expected to handle that day, lined them up, spent five minutes reviewing the file, attended the hearing, dictated the report and then moved on to the next file. A report was typed and the file was sent back to the adjuster frequently without the attorney and the adjuster ever having any real communication; there would be little to no contact before the hearing, at most terse telephone discussions on the day of the hearing for authority for an agreement so that defense counsel would not have to thoroughly analyze the file and provide a thoughtful defense of the claim, and certainly no ongoing dialogue after or between hearings.

0_0_0_0_177_236_csupload_64428384Our philosophy at The Law Offices of Melissa A, Day, PLLC represents what we believe is a dramatic departure from the assembly line workers’ compensation defense: claim based defense partnerships. Our clients refer claims to us, not hearings. We develop relationships with our clients that are proactive rather than reactive; ones that foster ongoing conversations between client and counsel to develop strategies to meet specific goals as opposed to simply appearing at hearings, sending a report, and leaving the employer or TPA to fend for themselves in between Board appearances.

Additionally, when you choose us to represent you, you can trust that you will have access to the most recent cutting edge developments in NY WC Law. Melissa has approximately 17 years of NY WC defense experience and prides herself on staying current with the most recent changes in the law in substance and in practice. She accomplishes this by running a forum on Linkedin called the New York Workers’ Compensation Forum, which she invites you to join.

As early proponents of the Board’s exciting new virtual technology, we represent clients throughout New York State.  Many clients appreciate the savings of retaining attorneys  who will take a real fight to the virtual landscape, especially since appearing virtually saves money because travel time and downtime at the hearing location are eliminated.

However, for those clients who like to have their attorneys travel to the hearing site, we can accommodate personal appearances and bring the same fight to the following hearing locations:

  • Allegany
  • Batavia
  • Buffalo
  • Jamestown
  • Rochester
  • Syracuse
  • Watertown

If you are tired of not having an attorney who is your partner, don’t get angry, GET M.A.D.

“Melissa is directing [local] counsel at our request, since she knows more than they do. You may quote me…in fact, no other firm we have used even approaches what you guys are able to do with these cases.  I hope you all make millions and buy your own skyscraper to accommodate growth.”  

– William Daciuk, Senior Workers’ Compensation Claims Examiner, Alliance National Insurance Company

“…You guys are amazing and probably one of the few attorney firms that actually think outside the box.  Our whole relationship started because another firm that shall go nameless (but rhymes with Spamburger and Rice) did not recommend an appeal and I thought it needed an appeal and I sent it over to your office and your office appealed it and we prevailed and so started our 4+ years working together…”

            – Anonymous 

“… I enjoy and greatly appreciate all of the work done on any of my cases by your firm. With Josh, Melissa, Rob, Henry and anyone else who goes to the hearings. Elena as well. Your office is super!”

             – Anonymous