Claims and Appeals Process

The Workers' Compensation Claims and Appeals Process

New York Workers' Comp Lawyers

Workers' compensation is a benefit provided by the State of New York for workers injured on the job or workers who developed a disabling condition or illness because of their work. It is a benefit that's there when you need it, but that doesn't mean it's immediate or easy money to obtain. You may need to fight for your right to compensation.

The process of getting workers' compensation:

• Begins with reporting your injury or illness to your employer and filing a claim,
• Continues with securing the benefits you are entitled to (or appealing a denial of benefits), and
• Ends with termination of benefits when you return to work or when your benefits run out, if you are permanently disabled and cannot work (The Klein Law Group, P.C., also helps injured workers receive social security disability benefits. Please see our Social Security Disability Web site to learn more.)

Protect your interests at every stage of the process. Contact the Klein Law Group. Our New York workers comp attorneys focus on helping injured people get the money they need to recover and get back to work.

Common Problems Receiving Workers' Compensation

Problems can occur at any stage, but with skilled legal help, you should be able to receive the workers' comp benefits you need and deserve.

1. 1. Notify your employer of your injury in person and/or in writing within 4 days of your injury. Are you unsure if your injury is bad enough? Report it anyway and see your doctor. Learn more about what to do if you've been injured on the job.
2. 2. File your claim: Filing a workers' compensation claim is simple and you can do it on your own, but if you feel uncertain about the process, visit our office. We have staff who speak Polish, Spanish, Chinese (Mandarin and Cantonese), and Russian. We employ translators for other languages as well.

Sometimes insurance company will make voluntary payments to an injured worker. The worker thinks they filed a claim and submitted all their evidence, but they have not and the insurance company has paid anyway. Unfortunately, in these cases the insurance company may stop or reduce payments at any time. This is one reason it's wise to talk with a lawyer immediately after you've reported your injury.

1. 3. Workers' Compensation Hearing: You have a right to an administrative law hearing with a judge if:

a. Your claim is rejected

b. Your doctor visit has been denied

c. You have been denied a medical treatment or a workers' compensation benefit you should be able to receive

It's essential to have a lawyer help you if you want to bring your case to an administrative law judge. This is a legal proceeding and we understand the issues that are important for the judge. We document and build your case.

1. 4. Workers' Compensation Appeal at the LIRC: You can appeal a denial by an administrative law judge to the Labor & Review Commission. No new testimony is allowed at this stage so it's critical that valuable information was provided at the prior hearing stage. That's what will be reviewed here. The LIRC's decision is the final decision of the workers' compensation department.
2. 5. Appeals Court and State Supreme Court Appeals: Very few workers' comp cases will qualify for an appeal to these high-level courts. If yours is one of them, you can rest assured that we can assist you here as well.

With offices in Manhattan and Queens, we represent clients throughout New York City, Westchester County, and Long Island. Contact us to schedule a consultation.