Queens Workers’ Compensation Appeals Attorney
Workers’ compensation is meant to be a safety net that provides you with medical coverage and wage benefits when you’ve been injured on the job. Unfortunately, there are times when workers’ compensation claims, even when they’re filed by workers with valid cases for compensation, are denied.
Claim denials can be distressing situations for injured workers, which is why it’s important for any claimant who’s been denied benefits to work with legal representation that can help them understand the underlying reason for a denial and how to best navigate the appeals process.
At the Harris Firm, LLC, our award-winning attorneys are devoted solely to fighting for workers who’ve suffered losses due to work-related injuries and occupational illnesses. We’re backed by decades of experience and know the ins and outs of the New York workers’ compensation appeals process.
If you’ve been denied workers’ compensation, the time to act is now. Our Queens workers’ compensation appeals lawyers at the Harris Firm, LLC proudly serve workers across New York City and offer FREE consultations during which we can review your case and how we can help you challenge your denial. Call (212) 487-8669 or contact us online to get started.
How Does the New York Workers’ Compensation Appeals Process Work?
When your workers’ compensation claim gets denied, you have the right to appeal the decision. Here's an outline of how the workers’ compensation appeals process works in New York:
1. Initial Review / Full Review by the Workers' Compensation Board.
The first level of appeal is to request a review by the Workers' Compensation Board. This administrative appeal requires you to file an application within 30 days of the decision filing date. Your application will state your case and why the initial decision was incorrect. This process involves:
- Application for Board Review: Submitting the appeal form with detailed reasons for your appeal.
- Hearing: Sometimes, a hearing is scheduled where both you and your employer can present evidence.
- Board Panel Decision: A three-member Board panel will review your application and make a determination as to whether the decision reached by the administrative judge should be affirmed, modified, or rescinded. The panel may also send the claim back to the judge for additional consideration.
If the panel’s decision is not in your favor, you can request a Full Board review of the panel’s decision. The full Board must review decisions upon request when decisions reached by the three-member panel are not unanimous. However, when the panel’s decision was unanimous, the full Board has discretion to review the Board Panel Decision or let it stand.
2. Appeal to State Court Appellate Division.
If the Workers' Compensation Board denies your appeal, you have the right to further appeal to the Appellate Division of the New York State Supreme Court. Unlike the previous administrative appeal proceedings, this level of appeal is judicial, meaning that it takes place in court and will consist of a five-judge panel that reviews the case.
The appellate process is as follows:
- Notice of Appeal: File a notice of appeal with the Board and the appellate court within 30 days of the Board decision. The court may then set a schedule with various deadlines and submission requirements, depending on the circumstances.
- Brief Submission: Your attorney will submit legal briefs outlining the argument, evidence for your claim, and precedents supporting your appeal.
- Oral Arguments: Both sides may be asked to present their case in oral arguments before the court judges.
- Court Decision: After review, the Appellate Division will issue its decision to affirm, reverse, or modify the Board’s decision.
3. Appeal to the State's Highest Court
The final step in the appeals process, if necessary, is to take your case to the New York Court of Appeals, which is the state's highest court. This appeal must be filed within 30 days of the decision issued by the Superior Court’s Appellate Division.
As with the previous steps, your attorney will submit briefs and possibly present oral arguments before the Court issues a final determination on your case. Typically, the Court of Appeals considers only cases that involve unique issues or questions with the potential to impact other cases or the law.
Your Experience Matters to Us
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“I am very grateful I got referred to Harris Law Firm for my workers' compensation case. M. Richard Harris is doing an excellent job working on my case; his paralegals have my best interests at heart.”- Freddie L.
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“Mr. Harris handled my case perfectly. I know that I can rely on him and his team. They have been very attentive, calling my medical facility to follow up on my treatment and assisting me whenever I have any questions.”- Saidou K.
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“I changed my attorney to Mr. Harris, and it was the best decision I've made. I highly recommend this attorney; he is very well-experienced and very informative. He helped me get paid!”- Genesis A.
