New York is one of the busiest cities in the world and it is run by a raft of workers who provide all the necessary goods and services for the city to operate 24/7. Many jobs are dangerous such as the construction industry which sees many workers injured every year. Fortunately, in New York as with most places in the country when a worker is injured and has to stay at home to recover there is workers’ comp available to cover the cost of lost earnings and medical treatment. However, ensuring you get your workers’ comp entitlements it’s often necessary to seek help from an experienced worker’s comp attorney who can check your workers’ comp. application to make sure it fits the requirements for eligibility for worker’s comp. in New York. New York State’s Workers' Compensation Laws New York State requires that most employers carry workers' comp insurance coverage, including agricultural and domestic workers. When you are injured or fall sick you have 30 days to inform your employer. As long as the physical injury or occupational disease took place in the workplace, workers’ comp. benefits are normally awarded. The state agency that is in charge of workers’ comp. is the New York Workers’ Compensation Board. Claims must take place within 2 years of the injury or sickness date. If hearing loss occurs after the 2 year time limit claims must be filed within 90 days of knowing about the hearing disability. You can choose your doctor for medical treatment. There is a waiting time of 7 days before the 1st payment is made. Once you have been awarded workers’ comp. you can expect to receive 2/3 of your average weekly earnings each week. Reasons for WC Denial in New York Workers’ comp. law is there to help you handle the financial hardships of a work-related injury or sickness but it’s not always as easy as you might think to get the benefit. Insurers never want to release money unless they have to and this is for various reasons including: There is doubt about your injury or sickness is work-related; There was some evidence that indicated you were intoxicated at the time the injury occurred; Your employer failed to provide the right information about your injury; There was an obvious mistake in the application that was overlooked. If you have been denied workers’ comp and you believe the decision was wrong you can appeal. New York State WC Denial Appeal If your claim is denied, you may request a hearing before a workers' compensation law judge. At the hearing, you or your attorney will have the opportunity to present evidence which supports your position. This evidence may include a testimony from your doctor proving your disability or documents proving the value of your average weekly earnings. New York State protects you and any worker who provides a testimony on your behalf from any employer retaliation. Once the judge issues a decision, either you or your employer may appeal the decision within 30 days. Throughout the process you can resort to alternative dispute resolution called the Voluntary Binding Review (VBR). The appeals process in New York State involves providing certain information at a hearing heard by a workers’ compensation judge. If you are still not satisfied, you may appeal to the state’s appellate courts. A decision can be appealed within thirty days to the Supreme Court of the State of New York Appellate Division. The Appellate Division decision may be appealed in the Court of Appeals. At these hearings, each party is permitted to present evidence such as testimonies from witnesses. Why You May Need a WC Attorney It’s important you get the workers’ comp. you deserve but it’s never easy filing an appeal on your own. In order to better ensure a favorable outcome you should consider hiring an experienced workers’ comp. attorney who will know how strong your case is and will fight hard to get the full workers’ comp. payments you are entitled to receive.
