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Workers’ Compensation Hearings and Appeals

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Workers Compensation Lawyers Assisting Injured Workers in New York With Hearings and Appeals 

The workers’ compensation lawyers of Turley Redmond Rosasco & Rosasco, L.L.P. appear at hearings before judges at the New York Workers’ Compensation Board all day, every day of the week. This daily experience “in the trenches” fighting workers’ compensation insurance companies on behalf of our clients sharpens the legal skills we need to get you all the cash and medical benefits you deserve.

You have the right to a hearing before a New York workers’ compensation law judge when your benefits are decreased or terminated, to challenge a claim denial, or to fight a low disability rating or another adverse outcome of filing a claim. You also have the right to appeal an unfavorable decision of a Workers’ Compensation Board judge.

The firm of Turley Redmond Rosasco & Rosasco, L.L.P., has a solid record of success in New York workers’ comp hearings and appeals. Our attorneys have decades of experience successfully representing injured workers with their injury claims. It is for this reason that a majority of our current clients are referred by former satisfied clients.

  • Hearings in New York are heard at the Workers’ Compensation Board office in Jamaica.
  • Hearings in Nassau County are heard in Hempstead.
  • Hearings in Suffolk County are heard in Hauppauge.

Workers’ Comp Hearings

Many workers’ compensation claims are denied or minimized by employers and their insurance carriers. This is often an effort solely to save them money and cause you so much misery that you are economically forced to return to work before you have fully recovered. They will often send you to one of their “hand-picked” doctors who will do a five-minute medical exam on you, which results in a severe reduction or termination of your benefits. The effect is that you can’t work, you can’t pay your bills, you can’t get the proper medical care you need to get better, and you feel compelled to return to work just to survive.

Turley Redmond Rosasco & Rosasco fights these types of insurance company tactics every day at hearings before judges at the New York State Workers’ Compensation Board (WCB). Our attorneys have handled thousands of WCB hearings over the past 25 years, including claim denials and emergency hearings to restore benefits. We know how to cross-examine witnesses, physicians and other defense experts to get them to tell the truth. We know what medical documentation is required and how to present it to a judge in order to turn your case around to win.

Workers’ Compensation Appeals for Denied Claims or Other Discouraging Outcomes

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 throughout Manhattan, Nassau and Suffolk County. 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.

It is important from the start to hire a lawyer with the ability to take your case as far as necessary.

  • If the law judge in your Workers’ Compensation Board hearing rules against you, we will appeal to a Board Panel of three WCB judges for reconsideration of that decision.
  • If the Board Panel lets the decision stand, we can petition to the full Workers’ Compensation Board and/or the Appellate Division of the New York State Supreme Court to reverse your decision.

Our attorneys know how to argue the points of law in claims and hearings to establish grounds for later appeal. Our workers’ compensation lawyers are skilled at preparing written briefs and presenting oral arguments in these technical cases. We are committed to giving injured workers the best chance of success in a complicated adversarial system.

Contact Our Workers Compensation Lawyers for Assistance With Your Claim

If you have been denied workers’ compensation or encountered problems with your medical or wage benefits, you can count on us for an honest evaluation of your case and vigorous pursuit of your legal remedies. With over 25 years of successful experience handling workers’ comp claims throughout New York and Long Island, our workers’ compensation lawyers will help you obtain the benefits you deserve.  

For a free consultation, call 800-671-4927 or contact us online. We have offices conveniently located in Shirley, Ronkonkoma, Riverhead, Garden City, and New York City.

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