Evidence That Can Strengthen a Denied Workers' Compensation Claim in Queens
A denial does not end a workers’ compensation claim. When an insurance carrier disputes a claim in New York, the case generally goes before a Workers’ Compensation Law Judge, who decides based on the evidence presented. For injured workers in Jamaica, Flushing, Astoria, and across Queens, the right evidence can make the difference.
Our Queens workers’ compensation lawyers at Bangel, Cohen & Falconetti, LLP, help injured workers challenge denied workers’ compensation claims and build the record a judge needs to see.
Medical Evidence Linking Your Injury to Your Job
Medical evidence is usually the most important part of a denied claim. A judge will want to see that a doctor has examined you and believes your injury is related to your work. Helpful medical evidence includes:
- Reports from your treating doctor, including an opinion on causation
- Diagnostic test results, such as X-rays, MRIs, or nerve studies
- Records showing consistent treatment since the injury
- Work restrictions or disability ratings from your doctor
Insurance carriers often rely on an independent medical examination, or IME, performed by a doctor they choose. A detailed report from your own doctor can help counter an IME opinion that minimizes your injury.
Records Showing When and How You Reported the Injury
Carriers sometimes deny claims by arguing that the injury was not reported on time. New York generally requires you to give your employer written notice within 30 days of a work injury, and you must generally file a claim with the Workers’ Compensation Board within two years. Copies of emails, text messages, incident reports, or written statements to a supervisor can show when your employer learned about the injury.
Witness Statements and Workplace Records
Coworkers who saw the accident, or who saw you struggling with symptoms afterward, can support your account. Workplace records may also help, including:
- Accident or incident reports
- Surveillance or security video
- Job descriptions showing physical demands
- Training and safety records
For repetitive motion injuries or occupational illnesses, evidence of your daily tasks can help show how the work caused the condition over time.
Wage Records That Support Your Benefits
Some disputes involve how much you should be paid, not whether you were hurt. Pay stubs, tax returns, and payroll records can help establish your average weekly wage. If you worked more than one job, wages from each job may matter.
Records That Address a Pre-Existing Condition
Carriers often blame an injury on an old condition. Prior medical records can show that you were working without limitations before the accident and that the work injury caused or worsened your condition. Learn more about pre-existing injuries or conditions.
What Happens After a Hearing in Queens?
Many Workers’ Compensation Board hearings are now held virtually, though the Board also maintains a hearing location in Queens. If a judge rules against you, you generally have 30 days to ask a Board Panel to review the decision.
Talk With Our Queens Workers’ Compensation Lawyers
If your claim was denied, our attorneys at Bangel, Cohen & Falconetti, LLP can review the denial and identify the evidence your case needs. Call 718-446-4400 or contact our Elmhurst office online to schedule a free consultation.
