Angiuli & Gentile, LLP
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My workers' compensation claim was denied. What can I do?

There are many good things about workers' compensation: the benefits it provides to injured workers, the sense of security that workers feel knowing they will still have some form of income if they are injured on the job, and more. But perhaps the best thing about workers' compensation is how easy it usually is to recover. Workers' compensation is an expense paid by employers in order to ensure that workers are protected. As such, there are few instances in which workers' compensation claims are denied.

Still, workers' compensation is regulated, just like other forms of insurance, and there are a few different factors that may lead to your claim being denied. Timing is often a significant issue with workers' compensation claims, and your claim may be denied if you do not report your injury quickly enough, or you do not file a claim in time. Lack of evidence or employer dispute are other common factors.

If your workers' compensation claim is denied, you should be made aware of the reason at the time of the denial. Once you have the reason, you may be able to appeal the decision, especially if you believe that the reason for denial was incorrect or erroneous. For example, if your claim is denied because you allegedly did not report the injury in time, and you can provide documentation or other evidence that you did report the injury in time, you may be able to repeal you decision.

Legal assistance can benefit you if your claim is denied as well, as an attorney can help you prove your case. Even if your claim is not denied, it is in your best interests to consult with an attorney in New York to ensure that you receive the maximum compensation to which you are entitled. If you do not prove the full extent of your injuries, you may be settling for less compensation than you deserve.

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Success Stories

  • A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.
  • A construction worker operating an asphalt roller settled his case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.
  • A 54 year old commuter settled his case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.
  • The estate of a 64 year old woman received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.
  • A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.
  • A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site received a settlement of $300,000.00 from the electrical company performing work at the site.
  • A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.
  • The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home settled the case for $400,000.00 after the man died.
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Phone: 347-201-4447
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Phone: 347-201-4447
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