You need a lawyer. We put you first with personalized representation. Our attorneys are here to support you.

Group photo of attorneys Gary C. Angiuli, Annamarie Gulino Gentile and Stefanie Lynn DeMario

My workers’ compensation claim was denied. What can I do?

On Behalf of | Sep 18, 2015 | Workers' Compensation |

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.



FindLaw Network