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New York workers' compensation: Disputing a denial of benefits

Nearly every New York employee has workers' compensation coverage as a standard part of his or her employee benefits. This means that if the worker gets hurt during the course and scope of his or her employment, the state's workers' compensation program will engage to pay for the costs associated with medical care and time spent not earning an income while recovering.

Just because workers have these benefits, however, does not necessarily mean that they will be awarded them following an employment-related injury. For example, numerous workers in our state file for their much-needed benefits, and they're surprised to have the insurance company deny their claims.

Fortunately, a denial of benefits does not have to be the end of the world. Workers will have every right to dispute a denial of benefits and have a hearing before a workers' compensation judge. During this hearing, the injured worker will be able to bring forward evidence to prove his or her right to receive financial benefits. The evidence that the worker presents during this hearing may include a physician's testimony, the testimony of an expert witness, documentation of disabling conditions, proof of the employee's average salary and pay and other evidence.

Injured workers might also bring forward other witnesses who can testify on their behalf, such as fellow employees. These employees and the injured worker him or herself -- it's vital to note -- will be protected from any kind of retaliation against them should the employer want to hire them or punish them in some other way on the job.

Have you been denied workers compensation benefits? You can fight back in court and protect your right to receive just compensation for the costs associated with medical care required to treat a work-related illness or injury.

Source: FindLaw, "New York Workers' Compensation Laws," accessed Jan. 19, 2018

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  • American Association for Justice
  • NYCOSH-New York Committee for occupational Safety & Health
  • Queens County Bar Association
  • Society of New York Workers' Compensation Bar Association, Inc | 1945
  • National Organization of social security claimants Representatives

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