Serving injured workers

In Albany Since 1925

SPECIAL ANNOUNCEMENT : Workers’ Compensation Benefits in NY State has been significantly reduced by legislation that was passed in 2007 and 2017.

Denied workers’ compensation benefits?

| Jul 29, 2020 | Workers' Compensation

After suffering an on-the-job injury, many employees struggle financially. Adding medical bills to time away from work can be extremely stressful.

As such, requesting workers’ compensation benefits is a common way to meet monetary needs until it is possible to return to work. But, when a claim is denied, a difficult situation can seem hopeless.

However, although you likely hope to receive benefits as soon as possible, there are often ways to get the help you need. You have the option to challenge a denial of benefits.

Three facts about getting financial help after a workplace injury

Attorney representation is not a legal requirement for contesting a workers’ compensation claim denial. Yet, working with someone who understands the state’s requirements can help expedite the process.

Some important pieces of information for injured or ill employees include:

  • You have the right to request a review from the New York Workers’ Compensation Board. If the Board does not approve your claim, you may then appeal your case with the Appellate Division of the state’s Supreme Court.
  • There is a 30-day timeframe in which you may file a written dispute. Regardless of how strong a case you might be able to present, a court may determine you are ineligible for benefits if you do not concede to the deadline.
  • If you choose to seek legal counsel, you will not need to pay out of pocket. The Board will determine your legal fees and deduct them from the amount of compensation they award you.

It is ideal to build a strong case, supported by as much evidence as possible, from the start. However, whether you wonder how you will financially recover after a recent injury or worry about overturning a decision, industry experience can increase your chances of a favorable outcome.