What Are Your Options When a Legitimate Claim is Turned Down?
Workers’ Compensation Lawyers in Brooklyn, Queens, the Bronx and across the greater NYC Area
If you’ve been hurt on the job and your application for workers’ compensation benefits has been denied, don’t feel alone—it happens far more often than it should, as employers and insurers look for loopholes or other ways to wrongfully deny benefits. What are your options, though, when the insurance company turns down your claim, and the Workers’ Compensation Board subsequently rejects your claim?
The Ways You Can Appeal an Unfavorable Decision in a Workers’ Compensation Claim
Fortunately, under New York law, there are specific ways that you can appeal the denial of a legitimate work comp claim by a workers’ compensation judge:
- The first level of appeal—To initially appeal a rejection by a workers’ compensation judge, you need to write an appeal to the commissioners of the Workers’ Compensation Board. That appeal should provide all the reasons why you believe the judge was in error in rejecting your claim. You may include legal arguments, as well as medical or other factual evidence to support your claim. You must submit this appeal within 30 days of the date of the filing of the written decision denying your claim.
- Appealing the decision of the commissioners—If the commissioners reject your appeal or return an otherwise unacceptable ruling, you an ask the Workers’ Compensation Board for a “full board review, where all the commissioners consider your claim. At the same time, you can file an appeal with the Appellate Division of the State of New York for the 3rd Department, the court system that oversees the workers’ compensation system in New York.
Proven Brooklyn | Queens | NYC | Bronx Workers’ Compensation Lawyers
At Pyrros & Serres LLP, we offer full-service legal representation to people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area who have potential workers’ compensation or Social Security disability claims. Because of our reputation for hard work and aggressive advocacy, many of our new cases come to us as referrals from satisfied clients and other attorneys.
To learn more about the full scope of our practice, see our practice area overview page or call our offices at 718-804-5406.