You Have Options After A Denied Workers’ Compensation Claim
In theory, the workers’ compensation process should be simple. The injured employee does not have to prove his or her employer was at fault for the injury. In return, the injured employee receives his or her medical benefits, a portion of his or her lost wages, and certain other benefits depending on the injury.
In reality, workers’ compensation claims can be extremely challenging, as workers’ compensation insurers deny seemingly valid claims all the time. In fact, a majority of claims are denied in the initial stages. If your application for benefits has been denied, your next step should be to contact a lawyer.
Experienced Attorneys Appealing Denied Workers’ Comp Claims In New York
At Rosado, Apat & Dudley, LLP, we are recognized across the region for our tenacious, skilled legal representation. If your workers’ compensation claim has been denied, we are ready to review your case and help you understand your options.
Workers’ compensation claims can be denied for many reasons. For example, the insurer could claim your injury is actually a pre-existing condition. In other cases, the insurer may claim your injury was not related to work, or you are an independent contractor. In many cases, there was some problem with the initial application. Whatever the reason for your denial, we will review your medical records and your injury and develop the strongest course of action.
Under New York’s workers’ compensation law, you have the right to appeal a denied claim. This appeal will be heard before an administrative law judge (ALJ). If your claim is denied by the ALJ, the next step is to present an appeal to the New York State Workers’ Compensation Board. If your claim is denied by the board, you can then appeal to courts at the trial, and if necessary, appellate levels. Our attorneys, having successfully represented clients from all walks of life, understand these procedures and how to give you the best chance of success in your case.
Contact Us Now for a Free Consultation About Your Appeal