If your claim for workers' compensation benefits has been denied, don't feel like you have no further say in the matter or that you will never receive benefits. You have the right to appeal the decision. The process can be quite complex, and it is important that you have an experienced New York workers' compensation appeals attorney by your side from the start.
At the Law Offices of Dennis Kenny, P.C., we represent clients in all types of workers' compensation hearings and appeals. Our lawyers understand the stress that can come with being denied benefits. We are committed to pursuing every option available to secure the benefits you are rightly entitled to receive.
The workers' compensation system is set up for segmented litigation. This means that any claim you make, from the smallest medical transportation expense or doctor's visit to the question of whether you are disabled or not, may be contested and litigated before a Workers' Compensation Board hearing.
The New York Workers' Compensation Appeals Process
The workers' compensation process begins when you report your injury to your employer and make your initial claim for benefits. The Workers' Compensation Board conducts hearings with a workers' compensation law judge to decide if your case qualifies for benefits. If the judge reserves decision or denies your claim, you have 30 days from the date of filing to request a board panel hearing.
A board panel hearing consists of a full case review by a panel of three workers' compensation law judges. No new evidence is introduced at this level, so it is important that your initial application is complete and accurate.
If you do not receive a satisfactory result at the board panel hearing, you have 30 days to request a full board review. The full board review is your last available appeal at the administrative level. The Workers' Compensation Board has the discretion to refuse to hear your appeal.
In the event that the board refuses to hear your appeal, it is important to be ready for the next step. Therefore, at the same time you file for the full board review, you must also file an appeal with the appellate division in order to protect your rights to benefits.
Schedule A Free Initial Consultation With The Law Offices Of Dennis Kenny, P.C.
Our lawyers are prepared to help you at any stage of the workers' compensation appeals process. If you have been denied benefits, contact us at 845-764-4494 or toll free at 888-312-5516 for a free initial consultation.