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DENIED: What happens after your NY workers’ comp claim is denied

After being hurt on the job, the last thing you need is more bad news.  You already have to worry about your medical bills, you may not be able to work, and you have a family to provide for.  Finding out that your workers’ comp claim was denied can be devastating.  What are you supposed to do now?


First of all, don’t despair.  The majority of New York workers’ compensation claims are denied the first time around, and sometimes for very simple reasons.  For example, you can be denied because you did not give your employer the proper notice that you were injured, because you did not provide the insurance company with enough information about your injuries, because it wasn’t clear in your claim how seriously you were injured or because it wasn’t clear that your injuries happened within the scope of your employment.


After your claim is denied, you have the option to appeal the denial.  If you decide to stand up against the insurance company and dispute the denial, then you will have to go before an Administrative Law Judge (ALJ).  It is the ALJ’s job to hear the facts of the case and then make a decision.


If you are denied again by the ALJ, then you have the option to appeal again.  At this stage, appeals are reviewed by the Commissioners of the Workers’ Compensation Board.  Keep in mind that there is a limited amount of time within which you can make an appeal to the ALJ or the Board.


What if you still aren’t happy with the Board’s decision?  Now you have to appeal to the Appellate Division, Third Department.  Again, there is a limited amount of time within which you can make an appeal in this situation.


As you can see filing a workers’ compensation claim can quickly become complicated.  An experienced workers’ comp attorney can greatly simplify this process for you, ensuring that all the necessary information is included with your original claim to lessen the chance that you’ll be denied.  And, if you are denied, your lawyer will know exactly what has to happen to make your appeal successful.


At Markhoff & Mittman we have dedicated many years of hard work to defending injured New York workers.  We will represent you for no upfront cost, and if you win your claim a judge decides what our fee should be.  This fee is deducted directly from the compensation, so you don’t have to come up with it yourself.  In the event that we are unsuccessful with your claim, you don’t owe us anything.  It is that simple.