Denied Workers' Compensation Claim

Job Injury Claim Denied? Let a Fearless NY Workers' Compensation Lawyer Fight For You!

Man receiving denied workers’ comp claim Even if you got hurt on the job in one of the many common workplace accidents that happen every day in New York-falls from heights, work-related car accidents, exposure to chemicals and fumes, hospital workplace injuries, machinery accidents, or utility worker injuries—your workers' compensation claim will very likely be denied.

If you have pain or illness that came on gradually, such as carpal tunnel syndrome, cancer, or increasing stress that ended up causing a work-related heart attack, you'll have an even harder time proving your injury to workers' comp insurance companies. And when they don't believe you, you'll end up with a rejected workers’ compensation claim and no settlement to help you recover.

You don’t have to deal with a denied workers’ comp insurance claim on your own. Our New York workers’ compensation attorneys can help you move forward and provide the legal representation you need to dispute and, if necessary, appeal your denied claim.

Our aggressive NYC workers' comp lawyers will challenge your denied job injury claim

We're not intimidated by insurance adjusters and will get them to take your work injuries seriously, even if your work caused a preexisting injury or condition flare-up. We'll help you properly document every detail of your work injury or aggravation of old pain, from recording specific tasks and times to photographing your workstation. Such evidence can be invaluable at a workers' compensation hearing. It can make or break your case, whether you're a utility worker in Manhattan, a secretary in Queens, or working on a construction site in the Bronx.

This is why many people dealing with a denied claim hire a New York workers’ compensation attorney at our law firm. We have the knowledge and the skills you need to challenge a denied claim and file an appeal if necessary. Our legal team understands the process and will guide you forward from start to finish.

Reasons why workers’ compensation claims can be denied

There are several reasons why workers’ compensation claims are denied in New York, including:

Application error – If your application for workers’ compensation benefits (C-3 form) is filled out incorrectly, you may be denied.
Missed deadline – You have 30 days to notify your employer about your work-related injury and you have 2 years to file a workers’ compensation claim. Miss either deadline and you might not receive workers’ compensation benefits.
Non-work related – Workers’ compensation insurance companies often deny claims because they believe that the injury did not occur at work.
Insufficient evidence – If there is no written documentation or medical record of injury, your claim may be denied.
Delay in treatment – If you wait too long to see a doctor, the insurance company may argue that your injury was sustained during the intervening time (and not at work).
Other exceptional circumstances – There are a few situations where a work injury may not be covered by workers’ comp, such as if you intentionally injured yourself.

On average, workers’ compensation insurance companies in New York deny approximately 10 percent of claim applications each year. Denied or disputed claims are formally known as “controverted” claims.

How to contest and appeal a denied workers’ compensation claim in New York

Just because the workers’ compensation insurance company denies your claim doesn’t mean you won’t get benefits. There are several steps you can take to challenge a denied claim:

First, you must file a Notice of Claim with the New York Workers’ Compensation Board (WCB). Upon receiving your Notice of Claim, the WCB will schedule a hearing with a workers’ compensation law judge to review your case.
If the workers’ compensation judge rules in your favor, you should start receiving benefits promptly.
If the judge sides with the insurance company, you can appeal the decision to the Workers’ Compensation Board. A panel consisting of three Board members will rule on your appeal. If the three-member panel is not unanimous, you can ask the full Board to review the decision.
If the Board denies your claim, you appeal their decision to the New York Supreme Court, Appellate Division.
If the Appellate Division rules against you, you can appeal to the New York Court of Appeals, which is the highest court in the state – although it’s very rare for workers’ comp appeals to make it that far.

Each step in the process is technical and complicated, and any mistake or missed deadline can jeopardize your claim. This is why it’s critical that you have an experienced New York workers’ compensation lawyer on your side. We understand the process – and the stakes. And we are here for you every step of the way.

Questions to ask a workers’ compensation lawyer about a denied claim

When you are meeting with your lawyer about your denied claim, some of the questions you might want to ask them include:

What is the process like to challenge my denied claim? How long will it take?
How much experience do you have handling cases like mine? What’s your success rate?
What should I do or not do to make my claim stronger?

During your free consultation, we will answer your questions and address any concerns you may have. We’ll also explain our process, our fee agreement, and what you can expect going forward.

The legal representation you need for a denied workers’ comp claim

Don't let a dismissive workers' comp insurance adjuster, doctor, or boss bully you into thinking your pain or illness isn't work-related. Instead, take action with an experienced, relentless New York workers' compensation attorney in your corner. Call the New York Law Offices of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP today toll-free at (800) 692-3717 or contact us online for a free evaluation. Every discussion is confidential, and there is no obligation.