New York law allows you to file a workers’ compensation claim after you sustain a workplace injury. Workers’ compensation benefits allow you to keep receiving pay until you can go back to work.
As part of the workers’ compensation claim process, you will need to provide documentation of your injury and obtain any necessary medical treatment.
The administrative decision
After you file your worker’s compensation claim, you will receive an administrative decision granting or denying you benefits.
Your employer may fight your claim for workers’ compensation benefits for various reasons. They might disagree about how serious your injury is or how much medical treatment you need. In some cases, they can even argue that the injury is not work-related.
There are many ways the New York Workers’ Compensation Board (“Board”) can address disputes between you and your employer. One option is conciliation.
Why your case may go to conciliation
Conciliation is appropriate in cases where your employer has accepted your workers’ compensation claim, but some outstanding issues remain. The Board refers cases to conciliation to try to resolve the issues without the need for a formal hearing.
If your case is referred to conciliation, the dispute is reviewed by a conciliator. A conciliator is an attorney who works for the Board.
The conciliator will send you a decision that proposes a way to resolve the dispute. When you receive the decision, you have 30 days to object to it if you do not agree with the proposal.
If no one objects to the decision in 30 days, the proposed decision becomes a final decision, and you are bound by it.
Make sure your objection is timely
You should be sure to object to the decision as soon as you can, to avoid missing the 30-day deadline. After the objection is received, your case is scheduled for a formal hearing.
There are advantages to conciliation, such as saving time and resolving the issues without a formal hearing. However, it is always good to seek advice on what option is best for you.