When a person is injured at work, they may be able to receive workers’ compensation as coverage for the damages while they recover. However, receiving workers’ compensation is not always an easy process. A claim for compensation can be denied at any point during the process. It is important to know that there are things you can do when facing these situations. Continue reading below to learn more.
Why Can a Claim be Denied?
There are many reasons why your claim for workers’ compensation may be denied in the state of New York. This can include the following:
- The injury was not reported in time. New York law requires workers to report their injuries within 30 days of occurrence.
- The insurance claim was not filed in time.
- Your employer successfully disputed the claim. This may be if they claim the injuries happened as a result of horseplay or that you were performing non-work-related tasks when you became injured.
- The injury is not compensable. For example, a stress related injury can be difficult for you to prove in court.
- You did not receive medical treatment. If you never saw a doctor, an employer can claim you were not really injured.
- If you cannot prove that the injury is work-related, the claim may be denied.
What do I do if my Claim is Denied?
In the event that your workers’ compensation is denied, it is important to know that this is not necessarily the end of the line. With the denial in a latter from the insurance company or your employer you will also receive a deadline for an appeal. In New York, injured parties must file an appeal with the Board within 30 days of the filing date of the denial. In doing so, you must work with a New York workers’ compensation attorney to gather evidence that proves why you deserve to recover these benefits. For example, the evidence must show your claim was filed properly, the injury is work-related, and that you received proper medical care. After a thorough investigation takes place, the appeal can be drafted and presented to the court.
Contact our Firm
The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, and Social Security Disability law firm with offices in Queens and the Bronx. We understand the implications of a serious accident, which is why we take pride in tenaciously representing our clients. If you require strong legal representation, contact our firm today to schedule a free consultation.