Denied Workers' Compensation Claims in New York

What rights do you have in New York?

A workers' compensation insurance company has the right to accept, contest, or contest a part of a claim filed by an injured worker. For this reason, if you have suffered a job-related injury or illness, you are urged to speak to a New York workers' comp attorney from Katz Leidman Grossman Wolfe & Freund.

Why choose Katz Leidman Grossman Wolfe & Freund?

  • The firm has represented injured workers for over 50 years.
  • Hundreds of millions of dollars collected for clients.
  • They offer free case evaluations.
  • The firm accepts cases without any upfront fees.
  • Can't come to the firm? No problem, an attorney will come to you.

About Hearings & Appeals

When a worker files a claim, the employer's workers' compensation insurer may: accept the claim, contest the claim, or contest a part of the claim filed by the injured worker. Workers' compensation claims are paid when the employer or their insurance carrier agrees that the injury or illness is work-related. If either the employer or the insurance carrier disputes the claim, then no cash benefits will be paid until a workers' compensation law judge hears the case and decides who is right.

In some cases, the Workers' Compensation Board my hold a hearing before a judge. If the judge determines that the claim is justified, the judge shall decide on the amount and duration of the compensation award.

Either side has the right to appeal a decision within 30 days of the filing of the judge's decision. If the application is granted, a panel of three board members will review the case. The panel may:

  • Modify the judge's decision,
  • Rescind the judge's decision, or
  • Restore the case to the judge for further development.

If the panel members fail to reach a unanimous decision, you may make apply for a full board review, which may affirm, modify or rescind the judge's decision.

To appeal a board panel decision, one must take it to the Appellate Division, Third Department, Supreme Court of the State of New York within 30 days. The decision of the Appellate Division may be appealed to the Court of Appeals.

Speak to a New York Workers' Comp Lawyer

Was your claim denied, or do you fear that your claim will be denied by your employer or their insurer? Get in touch with the firm right away. In a free consultation, you can discuss the details of your case with an experienced and reputable workers' compensation lawyer who will give you the advice you need to move forward in the right direction.