Workers Compensation Claim Denied – What You Can Do
Was your worker’s comp denied? As disheartening as such news can be when you’re hurt and suffering, a denied claim does not imply that all hope is gone. There are many reasons the Worker’s Compensation Board may deny a job-injury claim, even though benefits are awarded without having to prove fault.
At the New York law firm of Aronova & Associates, we represent people who were unjustly denied workers compensation benefits. No matter the situation, you can rely on our highly credentialed legal team to fight for the disability and medical benefits you are entitled to receive. With veteran advocates in your corner, you can take the appropriate steps to ensure you are fairly compensated for the life-altering effects of an on-the-job injury or occupational illness. Just because your claim was initially rejected does not mean the process is finished. Under most circumstances, you will still have the right to challenge the decision and appeal the case.
One of the best ways to assure success in your case is by retaining a worker’s compensation lawyer at Aronova & Associates. Our attorneys have a deep understanding of New York worker’s compensation laws and appeal procedures, and can protect your interests.
Why was my workers compensation claim denied?
In theory, filing a workers’ compensation claim should be simple and straight forward. In practice, this is rarely the case. Injured workers should be covered for medical expenses relating to their accident, some of their lost wages, and money to cover out-of-pocket expenses. As with any kind of insurance claim, there are important rules, deadlines and procedures that determine if benefits will be awarded or denied.
Some of the most common reasons why workers comp claims are denied in New York:
- The injury was not formally reported to your employer within the deadline (30 days from the date of the accident)
- The employer disputes the injury happened at your place of work
- The employer or their insurer alleges a lack of medical evidence to support the claim
- The employee failed to seek appropriate and prompt medical attention
- The workplace injury is deemed “not compensable” by law
- Paperwork is incomplete or was not filled out correctly
- The employee sought medical care from an unauthorized health care provider
- There were no witnesses who can corroborate how the accident happened
- The employer contends there is inadequate evidence to show the injury was work-related
- The employer claims that the injury was pre-existing
- There is not enough supporting medical documentation
- A blood test shows use of drugs or alcohol at the time of the injury
- The workers comp insurer made a mistake or is trying to delay the process
Insurance companies have a vested interest in protecting their bottom line, and may offer seemingly legitimate reasons for denying a worker’s comp claim. Do not be dissuaded. Aronova & Associates can swiftly determine the best course of action.
Workers comp claim denied in NY – what are your options?
Being denied worker’s compensation for any reason can leave you feeling frustrated, confused and wondering what to do next. In New York, injured employees have the right to appeal their worker’s comp claim, hire an attorney to represent the case, and request a hearing with an administrative law judge. If the claim is denied again by the administrative law judge, you have just 30 days to request a review of the decision with the New York State Workers’ Compensation Board.
Appeal a workers’ compensation denial
Aronova & Associates can help you appeal a worker’s comp denial within 30 days of the administrative law judge’s filing. A formal written request is sent to the New York State Workers’ Compensation Board, where three panel members will assess your claim. The board panel has the authority to affirm the initial decision, reverse the judge’s decision, modify it, or remand the case back for additional consideration. In circumstances where the board panel’s decision is not unanimous, you can officially request a Full Board Review.
If the Workers’ Compensation Board denies the claim after reviewing the first appeal, the next step is appealing in the Appellate Division in the Supreme Court of New York. Throughout the appeals process, our lawyers work diligently to craft the most compelling case possible, presenting key evidence, adhering to procedural rules and digging up vital documentation that supports your claim for benefits.
Whether you just found out that your worker’s comp was denied, or are considering appealing an unsatisfactory decision, Aronova & Associates offers sound legal guidance that is accessible and results-driven.
Discuss your case with a NY worker’s comp lawyer
If you or someone you love were denied worker’s compensation benefits in New York, Aronova & Associates has the knowledge and resources to fight for your rights. We operate on a contingent-fee basis and have successfully represented New Yorkers from all walks of life. To learn more about appealing a worker’s compensation denial, we invite you to reach out for a free, confidential case review.
Additional Denied Worker’s Compensation Resources:
- New York State Worker’s Compensation Board, Hearings and Appeals http://www.wcb.ny.gov/content/main/onthejob/hearings_OTJ.jsp
- NY State Courts, Rules of Practice http://www.courts.state.ny.us/ad3/RULESOFPRACTICEPART800.pdf
- Justia, New York Workers’ Compensation Questions & Answer https://answers.justia.com/questions/answered/new-york/workers-compensation