Workers’ Compensation Denial & Appeals
When your workers’ compensation claim is denied, it can be a frustrating experience. If you have not been injured at work previously, it can be difficult to know what steps you can take to appeal your claim.
At Angiuli & Gentile, LLP, we can guide you through the appeals process, and we will work diligently to ensure that you receive the full and fair compensation you are entitled to under the law. For more than 30 years, our firm has represented clients in Staten Island and throughout New York City. With our knowledge and experience, we can help you navigate your claim and secure the benefits you need after a work injury.
Why Was Your Workers’ Comp Claim Denied?
There are many reasons why your employer and their insurer may deny your claim. They may say that there was not enough medical evidence or that your injury didn’t happen during work. They might also claim they don’t have all the information or that a document wasn’t filed correctly.
Additionally, your claim may be temporarily denied, pending additional medical evidence. In these situations, if your claim is approved at a later date, the insurer should provide you with compensation for past medical expenses related to your injury.
No matter the reason behind your claim denial, we can help. We have experience handling all of these types of issues.
Understanding The Appeals Process In New York
The appeals process can seem complicated to those who have not been through it before. However, our attorneys are committed to providing you with the guidance, advice and support you need at every stage of your case. This includes:
- Initial hearing/trial — If the claim is controverted, then a date will be set for trial. At the trial before an administrative law judge, there may be medical witnesses and lay witnesses called to present evidence. After the trial, the administrative law judge will issue a decision. If the decision is not favorable, you have the right to appeal the decision.
- Appealing the decision of the administrative law judge — Either party may choose to appeal the decision of the administrative law judge within 30 days. Appeals must be submitted in writing, and a three-member panel of board members will review the judge’s decision. That panel may choose to uphold, modify or rescind the judge’s decision. They can also choose to send the case back to the judge for further review.
- Appeals to the New York state courts — If either party wishes to appeal the board’s decision, the next step is to file an appeal with the Appellate Division, Third Department, of the Supreme Court of the State of New York. Then, the next level of appeals is to the state’s highest court, the New York Court of Appeals.
We can help you navigate your appeal through the system so that you can receive the benefits you need.