If you are covered under the workers’ compensation laws of New York state, you may be unsure as to why your claim was denied after you were injured at work. The fact of the matter is that the claims process can be complicated, and the smallest mistake can restrict you from recovering your damages. The bright side is that there are actions you can take to fix this situation. Continue reading to find out how an experienced Bronx workers’ comp claim process attorney at The Law Offices of George Poulos can work on your behalf to retain this compensation.
What are common reasons why a workers’ compensation claim can be denied in New York state?
When undergoing the claims process, there are many steps that both you and your employer must go through, and any deviation may deny or delay your benefits. Below are common reasons why your claim for workers’ compensation may be denied in New York state:
- You did not report the injury in time: New York law requires you to report your work-related injury to your employer in writing within 30 days of its occurrence.
- You did not immediately receive medical attention: without doing this and, later on, obtaining a Doctor’s Initial Report (C-4), your employer can argue that you were never really injured.
- You did not file the claim on time: New York law requires that you file a claim with the Board on Form C-3 (Employee Claim Form) by mailing it to the appropriate district office within two years of the accident or within two years after you knew or should have known the injury was work-related.
- Your employer successfully disputed your claim: this is possible if your employer can prove that your injuries happened as a result of horseplay or from performing non-work-related tasks.
- Your injury is not compensable: notably, stress-related injuries are difficult to prove in court and receive compensation for.
What should I do if my workers’ compensation claim was denied in New York state?
In the event that your workers’ compensation is denied via a letter from your insurance company or your employer, you will receive a deadline for an appeal. By New York law, you must file an appeal with the Board within 30 days of the filing date of the denial. Before drafting your appeal and presenting it to the court, you must gather the appropriate evidence to prove that you deserve to recover these benefits. Such evidence can be proof that you filed your claim properly, that your injuries were work-related, that you received proper medical care, etc. For assistance with this, it is in your best interest to retain the services of one of our skilled attorneys at our workers’ compensation law firm in Queens today.
Contact our Firm
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.