New York Workers' Comp Appeals Attorney
It may happen that a workers' compensation claim will be denied by a Workers' Compensation Law Judge of the New York State Workers' Compensation Board. This denial may occur after one or more hearings over a disputed claim to determine whether the worker should receive benefits. The Judge may consider physical evidence and witness testimony to decide whether the claimant is entitled to benefits, for how long and in what amount. The judge may rule against the injured worker if there is insufficient evidence to prove that the injury is work-related. If fraud is suspected in regard to some part of the claim, the entire claim may also be denied, even if the injury would have otherwise been covered.
Upon receiving an unfavorable decision by a Workers' Compensation Law Judge, the injured worker or the employer/insurance provider may request an appeal. This must be done within 30 days of the date that the Judge's decision is filed. An application requesting a Board review must first be filed; if this is approved, the case will be reviewed by a panel of three Board Members.
During a Board review, the panel will consider the facts of the case and review the decision made by the Law Judge. Depending on their findings, the panel may decide to: affirm and uphold the Judge's decision; modify the Judge's decision; rescind and withdraw the Judge's decision; or send the case back to the Judge to be reconsidered. If the panel cannot come to a unanimous decision on the matter, the injured worker or employer/insurer may file an application to request a full Board Review.
An appeal of a decision made by the Workers' Compensation Board panel may be filed within 30 days at the Appellate Division, Third Department, Supreme Court of the State of New York. The Appellate Division's decision may be appealed to the Court of Appeals.
What happens during an appeal?
While your claim is being appealed with the Board, the workers' comp insurance provider is not required to make payments. If an appeal is filed with the Appellate Division after a decision made in your favor by the Board, however, you are entitled to payments for medical bills and lost earnings while the matter is being appealed.
If your claim is being disputed and you are facing a hearing or would like to file an appeal, you have the right to seek legal counsel at any time. The attorney or other representative you choose cannot charge or accept any fee for their services. This fee will be deducted from any compensation awarded to you by the Workers' Compensation Board Judge or panel. This payment structure may be extremely helpful to injured workers who are already having trouble making ends meet as a result of missed work and medical bills.
Contact a New York Workers' Comp Lawyer
The appeals process can be complex, and it will be necessary for your claim to be presented in a clear and compelling manner if you are to have the best chances of receiving the compensation you need. With more than 150 years of experience and more than $3 billion recovered in verdicts and settlements since 2000, we are confident in our attorneys' ability to help you. Working with one of our lawyers may even help you avoid a dispute or unfavorable decision by a Law Judge or Board panel in the first place. Ready to learn more? Contact our offices today.