In New York, most employees are covered by
workers’ compensation in the event they are injured in a
workplace accident or develop an
occupational disease. However, this does not mean that all workers’ compensation claims
are “approved” seamlessly and that all workers receive benefits
after being hurt during the course of their employment.
Workers’ compensation claims often pass the approval process and
result in the awarding of
benefits, but that is notalways the case. Sometimes, a claim is disputed by the
employer’s insurance company. Why would this happen? Here are some examples:
- The insurance company does not believe that your injury is job-related.
Instead, the insurance company believes it happened outside of work, or
an alleged occupational disease is not related to your job.
- The insurance company believes you are “faking” the whole claim
in an effort to get paid to sit home all day.
- The insurance company believes you were under the influence of drugs or
alcohol, or both, during the alleged accident.
- The insurance company believes you were not in your right mind during the
accident and you were trying to hurt yourself intentionally.
If the insurance company disputes or
denies your workers’ compensation claim for any reason, it’s critical
to secure a workers’ compensation attorney to represent you at the
hearing before the New York Workers’ Compensation Board. Legal counsel
can be indispensable when it comes to disputing a complex case and answering
a worker’s questions.
Workers’ Compensation Board Hearings
If your claim is disputed, it will go before a judge, who will listen to
your testimony and review your wages, medical records and the evidence
related to the case. After the
hearing is held, the judge will decide if you should be approved for workers’
compensation benefits, or if the insurance company’s decision should
At Katz, Leidman, Freund & Herman, our Long Island workers’ compensation
lawyers have extensive experience handling workers’ comp disputes,
hearings, and appeals. To schedule a free case evaluation,
call (888) 250-5427 today.