- July 15, 2021
- Work Injury
When the Workers’ Compensation Board of New York denies your claim for workers’ compensation, it can be a frustrating feeling. You’ll likely wonder what to do if your workers’ comp claim is denied, particularly if you believe you did everything right in filing your claim. It’s important to understand that you still have some options after a denial of your claim, including going through an appeals process. Kaplan Lawyers, PC in New York is ready to help with your appeal.
What Steps Occur During a Denial of Workers’ Compensation?
If you intend to appeal, it helps to first understand what steps occur during a denial of a workers’ compensation claim. When the New York Workers’ Comp Board hears your claim, it can approve or deny it. Should the board deny the claim, you will receive a letter explaining the reasons for the denial. You can either accept the denial or you can file an appeal.
When filing an appeal, you have a 30-day window to start the process. It is important that you meet the deadline, or you will lose your chance to appeal.
At this point, you likely will want to have representation on your side. You can be certain the insurance company will have legal representation during the appeals process. Hiring your own attorney will help you even the playing field. Our team of workers’ comp lawyers knows how to prepare the information in the appeal case to give you the best chance of winning. We will ensure that your case meets all deadlines and follows all procedures.
What Happens If Workers’ Comp Is Denied?
After a denial of a workers’ compensation claim in New York, you will not receive any benefit payments from an insurance company. This clearly is not the desired outcome, as it leaves you facing mounting financial problems. Hopefully, the appeals process will help you win the settlement you deserve.
It’s also important to understand that when we file an appeal on your behalf, it does not mean you’ll start receiving benefits immediately. The insurance company does not pay benefits while your appeal is moving through the process. To receive the benefits you deserve, we have to win the appeal. If we win your appeal, we will attempt to go back and recover the benefits you should have had from the time the original decision occurred.
Why Do Workers’ Compensation Claims in New York End Up Being Denied?
One of the best ways to win an appeal after a denial of your worker’s compensation claim in New York is to fully understand why the denial occurred in the first place. Without a full understanding of why the board denied your initial claim, it’s difficult to come up with arguments that show why you should win an appeal.
We will use our years of experience in handing all kinds of workers’ comp claims, including appeals, to prepare for your appeal hearing. In cases where we’re appealing an initial board decision, we will look closely at the original decision. We will collect evidence that shows why you deserve a settlement We take the time to understand how we can represent you in the most successful manner before the appeal judges.
Common Reasons Why Workers’ Comp Claims Receive a Denial
There are quite a few different reasons for denial of initial workers’ compensation claims. Even in an appeal, some of these reasons may be too much to overcome. However, our team knows how to argue against many of the reasons for a denial. Through our gathering of the facts in your case, we can work hard to win your appeal and to counteract the original decision.
Some of the most common reasons for denying workers’ comp claims include:
- Not notifying your employer of the injury accident within 30 days
- Failing to seek medical attention for the injury from a doctor
- Failing to fully follow your doctor’s orders for treatment
- Purposely injuring yourself
- Drinking or taking drugs on the job before your injury
- Blaming the workplace for an old injury.
Even if the board determined that your claim failed because of one of these reasons, we may be able to prove otherwise through our investigation. If co-workers claim that you caused your own injuries, for example, they could be lying to cover up their own negligence in the case. We can seek additional testimony about the accident to try to discredit these lies.
How Many Workers’ Comp Claims Are Denied?
Lockton, an insurance broker and risk advisor, showed in a recent study that about 7% of all workers’ comp claims receive a denial in the first hearing. Although the chances of losing the claim in the initial hearing are small, it does happen.
Another related study from Lockton showed that 67% of claims originally denied end up converting to paid claims.
This means that you have a decent chance of winning your workers’ compensation appeal, and we are ready to help. We will ensure that your claim follows all of the rules and deadlines. Many people who lose the appeal fail to follow the proper guidelines. Our team will not let this happen in your case.
Let Kaplan Lawyers PC Help With Your Workers’ Comp Claim Denial
When you are wondering what to do if your workers’ comp claim is denied, it can be a fearful time. You’re unsure whether you will have the ability to go back to work any time soon, and you also have medical bills to pay. You believe you deserved to win your workers’ comp claim, so you may have some feelings of anger and frustration, too.
The team at Kaplan Lawyers understands this and is ready to help. Our team will study the facts in your case and listen to your concerns about losing your initial claim. If you hire us to take on your appeals case, we will represent you to the best of our ability. We will prepare fully for every eventuality, using the facts to show why the initial decision was in error. Just because the initial case did not go your way, it doesn’t mean the appeal will go the same way. We will work hard to achieve a new result in your favor.
Call us at (516) 399-2364 as soon as possible for a free review of your workers’ compensation initial case or appeals case. We work on a contingency fee basis, which means we do not receive any payment ahead of time. You do not owe us any money if we do not win a judgment for you. Our fee is a percentage of the final settlement amount in the case.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]