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Your Workers’ Compensation is Denied—What Can You Do?

Injured on the job? The Insurance Company May Contest the Claim?

It’s not uncommon, when you’ve been hurt on the job, for the New York Workers’ Compensation Board to initially reject your claim, even if the facts seemed to indicate that you clearly qualified for benefits. If you believe the decision is simply wrong, what are your options?

Fortunately, the New York workers’ compensation laws provide ways that you (and your employer, as well) can appeal a ruling of the New York Workers’ Compensation Board. Your first response, after your claim is rejected, should be to file a written appeal to the commissioners of the Workers’ Compensation Board. You’ll need to give the specific reasons why you believe the workers’ compensation judge incorrectly denied your claim. Your appeal can be based on legal, medical or factual errors, but it must be submitted within 30 days of receipt of the judge’s decision (There’s a date stamped at the bottom of the notice you received from the Workers’ Compensation Board—you’ll have 30 days from that date).

Provided your appeal is properly filed, the commissioners will review your case and issue a written opinion. If your claim is granted, your employer may still challenge it, but must follow procedures to do so.  If, on the other hand, the commissioners reject your appeal, your next course of action is to ask for a full board review (by all of the commissioners). You can, however, simultaneously file an appeal with appellate division of the state of New York for the 3rd Department, the court system that oversees the state’s Workers’ Compensation process.

Your Workers’ Compensation Claim Has Been Denied—What Can You Do?

Experienced Workers Compensation Attorneys in New York

At Pyrros & Serres LLP, we handle all matters related to workers’ compensation and Social Security disability claims for people in Queens and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our workers compensation practice area overview page.


About The Author

Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.

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