Injured workers in the greater New York City area count on workers’ compensation benefits to cover medical expenses and lost wages while they recover. If you’re unsure of what to do if you’re workers’ compensation claim is denied, it’s important to understand that taking quick action is vital to protect your rights and get the benefits you deserve.
At Nappa, Monterosso and Poznansky, LLP, we understand that being hurt at work is stressful and having your workers’ compensation claim denied can be frustrating. For more than 30 years, our Staten Island workers’ compensation lawyers have helped injured workers in the greater New York City area navigate the appeals process.
Why a Workers’ Compensation Claim May Be Denied
Workers’ compensation insurance is supposed to make it easier for employees to get medical care and wage replacement benefits after a workplace injury. Unfortunately, employers and their insurance companies often deny or delay claims to minimize costs. Some common reasons for workers’ compensation denials include:
- Failure to report the injury within 30 days of the incident
- Disputes over whether the injury is work related
- Lack of medical evidence
- Insufficient details about how an injury occurred
- Pre-existing conditions
- Missed deadlines for filing workers’ compensation claims
- Allegations of fraud or misrepresentation
Even if you report your injury on time and your claim is valid, an insurer may still try to delay or deny benefits. Our Staten Island workers’ compensation attorneys are familiar with the tactics they employ and can help you file an appeal to obtain the benefits you’re entitled to receive.
Why Time Is of the Essence After a Workers’ Compensation Denial
Waiting too long to take action after a workers’ compensation claim is denied can seriously hurt your case. New York workers’ compensation law has strict deadlines for appealing a claim denial. You must request a hearing before a Workers’ Compensation Law Judge (WCLJ) within 30 days of receiving the denial notice. If the WCLJ denies your appeal, you may take your appeal to a panel consisting of three members of the New York Workers’ Compensation Board.
Further appeals may involve taking your case to the full Board or State of New York Supreme Court, Appellate Division.
Typically, each of these steps must be taken within 30 days of receiving a denial decision, so it’s vital to have a workers’ compensation keep your case on track and ensure deadlines are met and all required information is submitted. Failing to meet these deadlines can result in losing your right to appeal entirely. Having an experienced workers’ compensation attorney represent you can help strengthen your appeal and give you the best chance of a successful outcome.
Strong Evidence is Crucial in a Workers’ Compensation Appeal
For a workers’ compensation appeal to be successful, you need compelling evidence to show that your injury was work related and that you qualify for benefits. Taking timely legal action helps to ensure valuable evidence is preserved and available. Medical records can be lost, surveillance footage may be deleted, and witness’ memories can fade over time. By taking swift action, your workers’ compensation attorney can investigate and gather necessary evidence in a timely manner.
Delayed Action Can Result in Financial Hardship
If you wait too long to file an appeal after a workers’ compensation denial in New York, you may find yourself in a precarious financial situation. Medical bills may pile up and lost income due to being unable to work can keep you from being able to support yourself and your family. Even if you have savings, the last thing you want to do is exhaust them if you’re unsure of when you can return to work. The sooner you contact our Staten Island attorneys, the sooner we can help you with your denial and pursue benefits.
Insurance Companies Use Delays as a Tactic to Avoid Paying Claims
Insurance companies are not on your side and often use delays as a tactic to make injured workers give up on their workers’ compensation claims. If you don’t appeal in a timely manner, they may assume your injury isn’t that serious. By taking quick action, you show your employer and their insurer you mean business about fighting for the benefits you need and deserve.
Steps to Take Immediately Following a Workers’ Compensation Denial
Knowing what to do if your workers’ compensation claim is denied and being proactive about filing an appeal can help ease stress and allow you to get benefits sooner. If you receive a denial letter, contact a workers’ compensation attorney right away. Our workplace injury lawyers can evaluate your case, determine the best course of action for your appeal, get the process started, and negotiate with insurers on your behalf.
However, even if you miss the 30-day deadline for filing an appeal, exceptions may apply in some cases. For example, if you’ve been hospitalized due to a serious injury or occupational disease and were unable to file an appeal, you may still be entitled to dispute the denial. Your workers’ compensation lawyer can take a look at the circumstances and advise you of your options.
Our Staten Island Workers’ Compensation Attorneys are Here to Help
We know that dealing with an appeal when you’re injured or ill can be overwhelming. That’s why our workers’ compensation lawyers handle all aspects of your case and keep you updated every step of the way. Our dedicated, compassionate team of attorneys has a proven record of success helping injured workers in the greater NYC area. We have a deep understanding of appeal processes and longstanding professional relationships with Workers’ Compensation Law Judges and others who work in the NYWC division.
A workers’ compensation denial in New York isn’t the end of the world, but it’s important to act fast to protect your rights. Our workers’ compensation lawyers do everything in our power to help you secure your benefits as soon as possible. We’re passionate about fighting for your rights and helping you understand the law. Attorney and Partner Rolando Cubela provides tenacious, caring legal representation to our Spanish-speaking clients.
Contact Our Workers’ Compensation Lawyers in the Greater New York City Area
If you’ve received a workers’ compensation denial in New York, Nappa, Monterosso & Poznansky, LLP, can help. To schedule a consultation with a workers’ compensation attorney in Staten island, call 718-273-9000 or contact us today.
