Helping Workplace Victims Who Were Denied Workers’ Comp Claims in Garden City, Shirley, Riverhead, Ronkonkoma, and New York City
You were injured on the job and followed the instructions for filing a claim but your workers’ compensation claim was denied. First, know that you are not at the end of the road. The New York Workers’ Compensation Board regularly denies initial claims for a variety of reasons. You can appeal this decision with the help of an experienced team of workers’ compensation lawyers.
Turley Redmond Rosasco & Rosasco has handled workers’ compensation appeals for nearly 30 years. We conduct a free case evaluation where we provide candid advice as to your potential success and the costs and time investment of the appeal. If we believe you have a strong claim, we prepare a compelling argument as to why the decision was incorrect.
We encourage you to seek immediate counsel if your claim was denied. You have only 30 days to file your appeal and you waive important rights if you miss the deadline.
Why Was Your Workers’ Compensation Claim Denied?
A denial may feel frustrating, but it is very common. Below are a few typical reasons the workers’ compensation insurance company gives for denying a claim:
- The accident did not occur at work or in a work-related capacity.
- You were not injured or your injury is not as serious as you claim.
- You do not require medical treatment.
- You do not have a disability.
- Your injury was pre-existing before the accident.
- The type of injury you sustained is not covered by workers’ compensation.
- You are not an employee covered under the workers’ compensation plan.
- You failed to notify your employer or file your claim in a timely manner.
- You were impaired by alcohol or drugs when the accident occurred.
- You filed the wrong paperwork or supporting documents.
How to Appeal the Denial of Your Claim
The deadline for filing your appeal is 30 days from receiving your denial letter. You have the opportunity to file evidence to counter the insurance company’s assertions. The workers’ compensation judge will hold a hearing to consider your arguments and review the evidence.
If the workers’ compensation judge rules against you, you may submit a request for review to the workers’ compensation board within 30 days from the date of the unfavorable ruling. Your employer and its insurance carrier also have the right to ask for review. A three-member panel decides whether to accept your request based upon your arguments and the evidence you submit. If the panel accepts your request, the board members review your case and either affirm, modify or rescind the judge’s decision.
If you do not agree with the board panel’s decision, you can appeal to the NY appellate division within 30 days of the board’s decision. An unfavorable decision at this level may be appealed to a higher court.
Get Advice During a Free Consultation With Our Workers’ Compensation Lawyers
Was your workers’ comp claim denied? Discuss your next steps with the workers’ compensation lawyers at Turley Redmond Rosasco & Rosasco. Contact us today. Your claims assessment is free.