Denied Workers’ Compensation in New York
You Can Still Win Benefits for an Injury on the Job
Getting financial support makes your life so much easier after an injury on the job leaves you hurting—and maybe even unable to keep working.
Workers’ Compensation benefits were created to provide protection for you, so a job injury doesn’t threaten your peace and stability.
Benefits pay a portion of your lost wages, cover many medical expenses related to your injury and reimburse you for other expenses.
So what happens when a Workers’ Comp insurance company denies your claim?
You have to fight for the benefits you earned by working.
But you don’t have to fight alone.
The Workers’ Comp lawyers at James Trauring & Associates, LLC, treat your case as though it were happening to us.
We help people turn benefits denials into approvals in Albany, Schenectady, Saratoga Springs, anywhere in the Capital District or Upstate & Western New York.
We’ve been doing it for over 30 years.
From Workers’ Comp to disability and personal injury, we know how to win cases.
Why You Might Get Denied Workers’ Comp in New York
The most important point you have to prove in your Workers’ Comp claim is that your health was damaged by your job.
For Workers’ Comp, it doesn’t matter if it was anybody’s fault. It only matters that it happened at work.
So these are some of the most common reasons that your employer or your Workers’ Comp insurance company might reject your claim:
- They say your injury didn’t occur while you were working.
- They say an impairment you developed over time, such as a repetitive stress injury or other occupational disease, wasn’t caused by conditions in your job.
- They say you weren’t injured as severely as you claim.
- They say you’re an independent contractor, not an employee covered by Workers’ Comp
You may have questions about what to do next. The experienced New York Workers’ Compensation lawyers at the Trauring law firm know how to answer all the arguments they might throw at you.
We can start by looking at your situation and letting you know where you stand.
Steps to Appealing Your Workers’ Comp Denial in New York
When you’re denied Workers’ Comp benefits in New York, you have options for fighting back.
First you take your case for benefits through a special legal system that was set up to decide Workers’ Comp disputes.
If that doesn’t get the result you need, you can take your claim to state courts outside the Workers’ Comp system.
These are the steps:
- The insurance company denies your claim by filing a “notice of controversy,” which it must do within 10 days of your workplace accident or 18 days after the start of a disability.
- Your claim goes to a Workers’ Comp Law Judge, who holds a conference or a hearing.
- If the judge denies your claim, you have 30 days to ask the New York Workers’ Compensation Board to review the decision. You must explain why you disagree with the denial.
- If the Board denies your claim, you can appeal to state appellate court. After the Board’s denial, you have 30 days to file your court appeal.
Because this is a special area of law with its own rules, procedures and judges, you want a lawyer with experience in this system.
That’s James Trauring & Associates.
What a Workers’ Compensation Lawyer Does for You
When you have a Workers’ Comp lawyer supporting you, you don’t have to fight this battle alone.
Your attorney can deal with the insurance companies and government departments, so you can focus on your well-being after an injury on the job.
During your appeal, your lawyer can take care of all if this and more:
- Dealing with insurance companies refusing to pay all the benefits you deserve.
- Gathering the medical evidence and accident evidence you need.
- Handling all the deadlines and steps that you face.
- Protecting your rights to future benefits.
- Helping you achieve the best possible Workers’ Comp settlement.
- Taking your claim to every level of appeal that you need.
- Keeping you updated and informed about the status of your claim.
You worked hard, and Workers’ Compensation is supposed to be there for you when you’re hurt at work.
These benefits can help you hold on to the lifestyle you built before an injury forced you to stop working.
But sometimes the system fails you. That’s when our Workers’ Comp attorneys stand up for you.