Workers’ Comp Hearings And Appeals In New York City
As an injured worker who cannot work, or who is unable to earn what you made before your injuries or illness, it is important that you are not denied essential workers’ compensation benefits. Whether your claim was denied, or if you are concerned that your employer or their insurer will argue your claim, you should speak with a New York workers’ comp lawyer from Katz, Leidman, Freund & Herman to understand the appeals process. With over 50 years of experience and hundreds of millions of dollars recovered on behalf of injured workers, you can trust the firm to protect your legal rights.
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What Is The Workers Comp Appeals Process?
In most cases, insurance companies will often accept claims with no problems and begin paying for benefits. There are certain situations in which an insurance company will dispute a claim for various reasons. If board claim examiners and conciliators are not able to resolve the issues in their first attempt, the Board will hold hearings before a workers’ compensation judge.
At the hearing or hearings, the workers’ compensation law judge shall:
- Listen to testimony
- Review the injured worker’s medical evidence
- Examine any other evidence deemed relevant
If the judge decides the claim has merit, the judge will determine the amount/duration of the award. If the judge denies the claim, you have the right to appeal the decision within 30 days of the filing. To appeal the decision, it is done in writing for board review. If the application is approved, then a panel of three board members shall review the case. Upon review, the panel may affirm, modify or rescind the judge’s decision. If the panel is not unanimous, then the worker may apply in writing for a full board review. The full board review must review the case and affirm, modify or rescind the decision.
To appeal a board panel decision, one may bring the case to the Appellate Division, Third Department, Supreme Court of the state of New York within 30 days. As a last resort, the decision of the Appellate Division may be appealed to the Court of Appeals.
Handling Hearings And Appeals For New York Workers’ Comp Claims
You may currently be dealing with a dispute and facing a worker’s compensation hearing or may wish to appeal a decision made by a Workers’ Compensation Law judge. Regardless of the circumstances of your case, there is much that an experienced lawyer can do to represent your interests and rights while effectively guiding your case through the appropriate channels. As an injured worker, you have rights afforded to you and protected by New York workers’ compensation laws. Whether you were recently injured or if your employer or their insurer is denying your claim, you are urged to contact the firm.