Denied Workers' Compensation Claims in New York
What rights do you have in New York?
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, Freund & Herman.
Why choose Katz, Leidman, Freund & Herman?
- 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.
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.