When you file a workers’ compensation claim in New York State, there is always the chance that your claim will be denied. If your claim is denied by the insurance company, you have the option to request a hearing. At your workers’ compensation board hearing, a judge will assess all of the medical records that you submit that pertain to your injuries, hear testimonies, and listen to what both sides have to say about the case. The judge will be the deciding factor as to whether you are entitled to workers’ compensation benefits from the insurance company. If the judge believes that you are entitled to benefits, they will also use this time to determine the amount of the award that you should be given.
The insurance company is responsible for informing the Board that there has been a disagreement between themselves and the claimant regarding if there is an entitlement to benefits. The insurance company must do this either 18 days after the person became disabled or 10 days after the insurance company found out about the disability. Then, you will be assigned a hearing. Your hearing should typically take place within 1-3 months from the date in which the insurance company notified the Board of the contest of claim. The court is encouraging the hearings to take place within 45 days.
Of course, it also depends on the court’s schedule. If a lot of other hearings need to take place, you may have a hard time finding availability with the court, the Board, and the insurance company.
If you have questions about a workers’ compensation claim, contact our firm today.
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.