Getting a denial letter for your workers’ comp claim hits hard when dealing with medical bills and lost wages. While many NYC workers face claim denials yearly, you can fight back and win your case through an appeal.
What makes the board deny a claim?
The New York State Workers’ Compensation Board may deny your claim for several reasons. Late filing tops the list of common denials. Other frequent reasons include missing medical records, disputes about where the injury happened or questions about whether your job caused the injury. Your denial letter will list the exact reason, which will help you plan your next steps.
Your step-by-step guide to appeal
Before you start your appeal, you’ll need to act fast. The state gives you 30 days from your denial date to request a hearing. Here’s what you need to do:
- File your appeal request with the Workers’ Compensation Board.
- Get all your medical records and test results.
- Ask coworkers who saw the accident to give statements.
- Find your work schedules and time sheets.
- Get your accident reports from work.
- Ask your doctor for a detailed report about your injury.
After you file these items, you’ll need to:
- Show up at your hearing on time.
- Present your case to the judge.
- Answer all questions.
- Listen carefully to the judge’s instructions.
If the judge denies your claim, you have 30 days to ask the Board Panel for another review. The Panel consists of three members who will look at your case with fresh eyes.
The path to winning your appeal takes careful planning and quick action. Each deadline matters, and missing one could cost you your benefits. Many workers find that getting help from a workers’ comp lawyer significantly affects their appeal success. A lawyer who knows the NYC workers’ comp system can spot problems early and help you build the strongest case possible for your appeal.