If you are living and working in New York, chances are high that you are covered by your employer’s workers’ compensation insurance. If you’ve been injured on the job or have been diagnosed with an occupational disease, your claim should be approved. The issue arises when worker’s compensation is denied, as coverage is not automatically guaranteed in all cases. We often have clients come to us with a denied claim; there can be a variety of reasons for why the claim was denied:
- The insurance company deemed the injury was non work-related
- The insurance company or employer argued that the worker was under the influence of alcohol and/or other drugs at the time of the incident
- The employee is not covered by their insurance
- The employee intentionally injured him/herself or intended to injure another
- The illness afflicted was deemed not an occupational disease
- The insurance company simply does not want to pay out and has an expert lawyer on the other end of the claim
There are a few things that you can do if your Workers’ Compensation Claim was denied.
Workers Compensation Claim Denied in New York
If you receive a decision by the New York State Workers’ Compensation Board that is not in your favor and is not justified, there are actions that you can take. What are your options? You can file an appeal with the Worker’s Compensation Board to the commissioners of the board, outlining the reasons why you think the judge made a mistake when dealing with your case. You must file the appeal within 30 days of the decision. Look for the filing of the notice, also known as the “control date” on the bottom of the decision.
If the appeal is denied again, you may ask for a full board review of the matter and even contact the 3rd department, which is a court system that oversees the entire Workers’ Compensation Board. The commissioners of the board that deal with Workers’ Compensation claim may decide to hold a hearing or series of hearings that will be heard by an experienced attorney that deals with workers’ compensation. The judge will re-review the case and decide whether or not the claimant should receive the benefits. Either side has the right to appeal the decision within 30 days and you always have the right to an attorney during any point in this process.
Attorneys in New York
There are options that you have if your workers’ compensation claim has been denied in New York. If the judge does not rule in your favor, there are many avenues of defense that you can take to help the next hearing run smoothly. Having an experienced attorney that has dealt with hundreds of workers’ comp claims is highly recommended if your claim was denied at any point in the process. At Argyropoulos and Associates, we have a proven track record of getting our clients the money they deserve, even after their claim has been denied. Work related injuries can be frightening. Having your claim denied can be even more frustrating. We have the compassion and diligence needed to help guide any worker through the process. Contact us today if you would like us to represent you or if you have any questions regarding your workers’ compensation claim.