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What are one’s options after a workers’ compensation denial?

On Behalf of | Aug 4, 2022 | Workers' Compensation

No one wants to be the victim of a workplace accident. Unfortunately, there are many people who suffer injuries while working in New York. While these injuries will certainly cause some financial hardships, injured workers expect that they will be able to receive workers’ compensation benefits to at least help with these hardships. However, sometimes those expectations are not met and the insurance company may deny the initial workers’ compensation claim.

There are a variety of reasons that the insurance company may deny a claim, but no matter what the reason is, it can be devastating to learn that the claim was denied. It can leave the injured worker trying to figure out how they will pay medical bills and replace the income they are losing. Injured workers may be able to still receive the benefits after an initial denial though. People can request to have a hearing in front of a workers’ compensation law judge.

Process for hearing on denied workers’ compensation claim

First the board will attempt to resolve the dispute between workers and the insurance company. However, if they are unable to resolve the dispute there will be a hearing. At the hearing the workers’ compensation judge will listen to the testimony from the worker and representatives from the employer. They will also review the medical information for the worker as well as the wages the worker was earning at the time of the injury. After receiving all of the relevant information, they will issue a decision on whether the initial denial was valid or not.

Hearing that a workers’ compensation claim is being denied is not easy, but injured workers still have a chance to receive the workers’ compensation benefits. It is important to be well prepared for the hearings in front of the workers’ compensation judge. People need to make sure that they provide the right testimony and proper exhibits to ensure success. Experienced attorneys understand how to prepare for these hearings.