Can I Appeal my Denied Workers’ Compensation Claim?
Yes. Do not assume that you cannot receive the compensation you deserve if your workers’ compensation claim is denied. Instead, speak with an experienced workers’ compensation attorney about your options to appeal the claim. Be proactive about doing this. In New York, you have 30 days following the Workers’ Compensation Law Judge’s decision about your denied claim to appeal his or her denial. Appealing a decision about a claim for the second time is possible. You can take your claim to the Appellate Division, Third Department, of the Supreme Court of the State of New York.
Working with an experienced attorney to appeal your denied workers’ compensation claim can mean the difference between having the claim approved and having it rejected again. An attorney knows how to negotiate with the doctor who performed your examination and your company’s workers’ compensation provider to help you get an appropriate amount of money for your needs. Do not attempt to appeal your claim yourself – time is of the essence with workers’ compensation claims and appeals and an attorney can file your appeal efficiently on your behalf.
Why are Workers’ Compensation Claims Denied?
There are many reasons why a workers’ compensation claim can be denied. These reasons include all of the following:
- The claim was not filed in time;
- The employee did not notify his or her employer of the accident in time;
- Necessary paperwork was missing from the claim;
- The individual who filed the claim is not covered by the company’s workers’ compensation policy due to his or her status as an independent contractor rather than an employee;
- A paperwork error, such as the wrong name or date on the claim;
- The individual’s injury is not covered by the policy;
- The employer disputes the claim, either claiming that the injury did not occur while the claimant was at work or by claiming that the injury was due to the worker’s own negligence; and
- The doctor who performed the independent medical examination (IME) found that the claimant’s injury was not severe enough to warrant substantial treatment and thus, he or she does not need compensation.
You will know why your claim was rejected. Your attorney can work with you to fix whatever was wrong with your initial claim, such as providing more evidence to show the extent of your injury or proving that the injury occurred while you were at work and performing your job.
Work with a New York Workers’ Compensation Lawyer
If you have been injured at work and you are considering filing a workers’ compensation claim, speak with an experienced New York workers’ compensation lawyer to determine the best way to move forward with the claim. Schedule your legal consultation with The Robert A. Koenigsberg Law Office today to learn more about your rights as a worker and the process for appealing a denied workers’ compensation claim in New York. Do not wait – call now to begin working with our firm.