Yes, your employer can fight your workers’ comp claim in New York, and it happens more often than most injured workers expect. Employers and their insurance carriers have the right to dispute a claim at virtually every stage of the process, from the initial filing through hearings before the Workers’ Compensation Board. A disputed claim doesn’t mean you won’t receive benefits, but it does mean you’ll need to fight for them. Knowing what to expect and having the right legal representation makes a significant difference in the outcome.
Contact our office today to discuss your case and find out how we can help you recover the benefits you’re owed.
When an employer or insurer contests a claim, the case goes before a Workers’ Compensation Law Judge, who reviews the evidence and makes a determination. Our NYC workers’ comp lawyers at Katz, Leidman, Freund & Herman represent injured workers throughout New York City whose claims have been disputed, delayed, or denied, and we know how employers and insurers build these challenges and how to defeat them.
Why Would an Employer Fight a Workers’ Comp Claim in New York?
Employers and their insurance carriers dispute workers’ comp claims for a range of reasons, some legitimate and some not. Every successful claim results in costs to the insurer and potential increases in the employer’s insurance premiums, which creates a financial incentive to challenge claims whenever possible.
Common reasons employers dispute workers’ comp claims include questioning whether the injury actually happened at work, arguing that the injury was caused by a pre-existing condition rather than a workplace incident, claiming the worker failed to report the injury on time, or alleging that the worker’s own misconduct caused the injury. Some employers dispute the severity of the injury to limit the benefits owed. Others challenge the worker’s employment classification, particularly in industries where misclassification as an independent contractor is common.
What Are the Most Common Ways Employers Dispute Workers’ Comp Claims in New York?
Understanding how employers challenge claims helps you prepare a stronger response. Disputes take several forms, and each requires a different type of evidence and legal strategy to overcome.
- Denying the injury occurred at work: Employers may argue there is no proof the injury happened on the job, particularly when no witnesses were present or the worker delayed reporting.
- Challenging the severity of the injury: Insurers frequently hire their own doctors to conduct independent medical examinations and issue opinions that minimize the extent of your injuries or disability.
- Claiming a pre-existing condition is responsible: Employers and insurers often argue that your condition existed before your employment and wasn’t made worse by your job duties.
- Disputing the employment relationship: In gig economy, construction, and other industries, employers may claim you were an independent contractor rather than an employee to deny coverage entirely.
- Alleging late reporting: If you didn’t notify your employer within 30 days of your injury, the insurer will use that delay as grounds to deny your claim.
- Asserting willful misconduct: If the employer can show the injury resulted from the worker’s intentional misconduct or intoxication, the claim can be denied under New York law.
Each of these challenges can be defeated with the right evidence and legal representation, but none of them should be faced without an attorney.
What Happens When an Employer Disputes Your Workers’ Comp Claim in New York?
When a claim is disputed, the Workers’ Compensation Board schedules a hearing before a Workers’ Compensation Law Judge. Both sides present evidence, including medical records, witness testimony, and expert opinions. The judge then issues a decision on whether the claim is valid and what benefits, if any, the worker is entitled to receive.
If the judge rules against you, you have the right to appeal to the Workers’ Compensation Board’s full panel, and further appeals can be taken to the Appellate Division of the New York Supreme Court. The process can take months or even years in contested cases, which is why having experienced legal representation from the start is so important. Delays benefit the insurer, not the injured worker.
Can Your Employer Retaliate Against You for Filing a Workers’ Comp Claim in New York?
No. New York law expressly prohibits employers from retaliating against workers for filing a workers’ comp claim. Retaliation includes termination, demotion, reduction in hours, harassment, or any other adverse action taken because you exercised your legal right to file a claim. If your employer retaliates against you, you may have a separate legal claim in addition to your workers’ comp case.
Retaliation does happen, and it’s not always obvious. Some employers find pretextual reasons to discipline or terminate workers shortly after a claim is filed. If you believe your employer has taken action against you because of your workers’ comp claim, document everything and contact our workers’ compensation attorneys immediately.
What Evidence Do You Need to Defeat an Employer’s Challenge in New York?
Building a strong case against an employer’s dispute requires the same foundation as any successful workers’ comp claim, with particular attention to the specific grounds the employer is using to fight it.
- Medical records and treatment history: Detailed records from your treating physician establish the nature, severity, and work-related cause of your injury and are the foundation of any disputed claim.
- Accident reports and witness statements: Written reports filed at the time of the injury and statements from coworkers who witnessed the incident directly counter arguments that the injury didn’t happen at work.
- Employer communications: Emails, texts, and written notices showing that you reported your injury on time and how your employer responded protect against late-reporting defenses.
- Work history and job duty documentation: Records showing the physical demands of your job support aggravation arguments and undermine claims that your condition is entirely pre-existing.
- Independent medical opinions: A strong, specific opinion from your treating physician or an independent medical expert directly counters the insurer’s hired doctor and is often decisive at hearings.
- Payroll and classification records: If your employer disputes your employment status, payroll records, tax documents, and work schedules can establish that you functioned as an employee rather than a contractor.
The stronger your documentation, the harder it is for an employer or insurer to make their dispute stick.
How Can Our NYC Workers’ Comp Lawyers Help When Your Employer Is Fighting Your Claim?
At Katz, Leidman, Freund & Herman, our workers’ compensation attorneys represent injured workers across all five boroughs of New York City whose claims are being challenged by employers and insurers.
- Dispute strategy: Our NYC workers’ comp lawyers analyze the specific grounds your employer is using to fight your claim and build a targeted legal and factual response designed to defeat it.
- Medical evidence development: Our workers’ compensation attorneys work with your treating physicians to obtain detailed, specific medical opinions that directly address the insurer’s challenges and support your right to benefits.
- Hearing representation: Our workers’ comp lawyers represent you at every hearing before the Workers’ Compensation Board, cross-examining the insurer’s medical witnesses and presenting the strongest possible case on your behalf.
- Appeals handling: If a hearing decision goes against you, our workers’ compensation attorneys pursue every available appeal to protect your right to benefits.
- Retaliation claims: If your employer has taken adverse action against you for filing a claim, our NYC workers’ comp lawyers can pursue that separate legal claim alongside your workers’ comp case.
- Full benefits recovery: Our workers’ compensation attorneys fight to secure every benefit you are legally owed, including medical coverage, wage replacement, and permanent disability awards.
Your employer has an insurance company and legal team working to minimize what they pay you. You deserve the same level of representation on your side.
Contact Katz, Leidman, Freund & Herman Today
If your employer is fighting your workers’ comp claim or your benefits have been denied or delayed, our NYC workers’ comp lawyers at Katz, Leidman, Freund & Herman are ready to fight back. Contact our office today to discuss your case and find out how we can help you recover the benefits you’re owed.