Navigating the workers’ compensation system in New York can be challenging. Receiving a claim denial can be daunting and you may be unsure of what to do next. At Nappa, Monterosso & Poznansky, LLP, our workers’ compensation lawyers help you understand your rights and what’s involved in filing an appeal. For more than 30 years, we’ve helped injured workers throughout the greater New York City area navigate the claims and appeals process. Here, we discuss what to do if your workers’ compensation claim is denied.
Understand the Reasons for the Denial
For your workers’ compensation appeal to be successful, it’s important to understand the reasons why your initial claim was denied. Some common reasons workers’ compensation claims are denied include:
- Missed deadlines for reporting an injury or filing a claim
- Insufficient evidence that your injury or illness is work-related
- Employer or insurance company disputes, such as questioning the severity of your injury, whether it’s work-related, or claiming it is due to a pre-existing condition
- Administrative errors, such as incomplete paperwork
Our workers’ compensation lawyers in Staten Island can review your denial letter and come up with an effective strategy for your appeal.
Gather Additional Evidence
Compelling evidence is a must for a successful workers’ compensation appeal. Your workers’ compensation attorney can assist you in collecting additional documentation such as:
- Detailed medical records, including diagnosis, treatment plans, and statements from healthcare professionals that establish a connection between your injury and work
- Incident reports
- Job descriptions that show how your work duties may have contributed to your injury or occupational disease
- Witness statements from coworkers and supervisors who can support your claims about how a workplace injury occurred
- Statements from loved ones about how the injury has impacted your life
- Expert opinions, such as testimony or reports from medical professionals and vocational experts
Our skilled workers’ compensation lawyers know how to gather compelling evidence that backs up your claim. We put all the pieces of the puzzle together to show that your claim is valid, your injury is work-related, and build a strong case tailored to your unique circumstances.
Request a Hearing with an Administrative Law Judge (ALJ)
To appeal a workers’ compensation denial in New York, you must request a hearing with the New York Workers’ Compensation Board (WCB). Typically, a workers’ compensation appeal must be filed within 30 days of the denial. Your workers’ compensation attorney can ensure this is done in a timely manner and include all required relevant information.
Present Your Case at the Hearing
An appeal hearing provides an opportunity to present your case to the New York Workers’ Compensation Board. Your workers’ compensation attorney will prepare you to testify about your injury, treatment, and how it affects your ability to work.
In the hearing, your workers’ compensation lawyer advocates on your behalf and will present compelling evidence, question witnesses, and counter the arguments posed by the insurance company or employer.
If your initial appeal is denied by the Administrative Law Judge (ALJ), you may file an Application for Board Review for the rehearing or reopening of a claim. New York Workers’ Compensation Board members will review the evidence and render a decision.
File an Appeal with the New York Supreme Court
If your workers’ compensation appeal is denied by the board panel, you can file a Notice of Appeal with the State of New York Supreme Court, Appellate Division, Third Department. This step involves filing legal briefs and potential oral arguments. Our workers’ compensation attorneys are experienced in handling appellate cases and can help you navigate the legal complexities and advocate for your rights.
Negotiations and Settlement
Throughout the appeals process, your workers’ compensation attorney may negotiate with the insurer or employer to settle your case. They can evaluate any offers and determine whether they adequately compensate you for lost wages and current and future medical expenses. Having a lawyer negotiate on your behalf can help you understand the implications of accepting the settlement and ensure your rights and interests are protected.
Why Hire a Lawyer for Your New York Workers’ Compensation Appeal?
The New York’s workers’ compensation system involves sometimes confusing legal and procedural requirements. An attorney can help you avoid common mistakes like missed deadlines and inconsistent statements or evidence and minimize the risk of delays.
We know that when a workers’ compensation claim is denied the fallout can be overwhelming, especially when you’re trying to recover from an injury. Your workers’ compensation lawyer takes some of the burden off your shoulders so you can focus on healing. You don’t have to face a workers’ compensation appeal alone – our dedicated, compassionate team can guide you through the process and help you get the benefits you need and deserve.
Contact Our Workers’ Compensation Attorney in the Greater NYC Area
If your workers’ compensation claim has been denied, the attorneys at Nappa, Monterosso & Poznansky, LLP, help you understand your rights and guide you through the appeals process. Call 718-273-9000 or contact us to schedule a consultation with a workers’ compensation lawyer in the greater New York City area today. Attorney and Partner Rolando Cubela proudly serves our Spanish-speaking clients.
