Appealing A Denied Workers’ Compensation Claim
Workers’ compensation (or workers’ comp) 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.
This program should be available when you need it, but that doesn’t mean the money is easy to obtain or will come immediately. You may need to fight for your right to compensation.
Guidance Through The Initial Claims Process
The process of getting workers’ compensation goes through stages, as it:
- 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 obtain 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.
From Workers’ Comp Claims To Appeals
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. Notify your employer of your injury in person and/or in writing within 30 days of your injury. Are you unsure if your injury is severe enough? Report it anyway and see your doctor. Learn more about what to do if you’ve been injured on the job.
2. File your workers’ compensation claim: Filing a workers’ compensation claim with the New York State Workers’ Compensation Board is relatively simple, and you can do it on your own. However, if you feel uncertain about the process, visit our office. We have staff who speak Polish, Spanish, Chinese (Mandarin and Cantonese), and we employ translators for other languages.
Once you have filed your claim, the Workers’ Compensation Board may hold a hearing or hearings with a workers’ compensation law judge to determine if you are eligible for benefits.
It is important to know that insurance companies sometimes make voluntary payments to injured workers. When this happens, the worker often thinks they have filed a claim and submitted all their evidence – but they may not have, even though the insurance company is paying.
Unfortunately, after paying voluntarily for a while, 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 in case you later need an insurance appeal.
3. Appeal a denied claim at a Workers’ Compensation Board Panel hearing: If your claim has been rejected, your doctor visit has been denied, or you have been denied a medical treatment or other workers’ comp benefits you should have received, you can appeal the denial of benefits. You have 30 days to request a hearing before a panel of three Workers’ Compensation Law Judges, which is called the “Board Panel.” No new testimony is allowed at this stage, so it’s critical that valuable information was provided at the earlier hearing. The Board Panel’s decision is the final decision of the workers’ compensation department.
Appealing? Prepare For Your Board Panel Hearing
It’s essential to have a lawyer help you if you need to bring an appeal to the board panel. This is a legal proceeding, and we understand the issues that are important for the judges. The earlier you contact an attorney, the better we can document and build your case for both the claims and appeals processes.
With offices in Manhattan and Queens, The Klein Law Group, P.C. represents clients throughout New York City, Westchester County, and Long Island. Contact us to schedule a free consultation. Call 917-639-5350.
