workers' compensation

In New York, most employers are legally required to carry a special type of insurance for their employees known as workers’ compensation coverage. When an employee sustains an injury or illness on the job, this insurance provides cash benefits for their medical care, wage replacement, and permanent disability. Those that suffer work-related injuries must file a workers’ compensation claim to seek monetary compensation for their damages. Unfortunately, in some cases employees may be denied an award or they may receive insufficient funds. When this is the case, many wonder whether they can appeal an award. Follow along and contact one of our qualified Westchester County Workers’ Compensation Attorneys to learn how you can file a formal appeal. 

How do I appeal a workers’ compensation award?

In New York, if you sustain a work-related injury, you are legally entitled to file a workers’ compensation claim. Unfortunately, your claim may be denied for several reasons including not having enough evidence to support your claim and not filing your claim within the right timeframe. In addition, your weekly wages may not have been calculated correctly which results in insufficient funds. Whatever the case may be, after a denial or insufficient award, you can file a formal appeal. After the appeal is filed, your claim will be evaluated by the New York State Workers’ Compensation Board. The board will review the evidence you present and determine whether your claim should be modified. If their decision is unfavorable, you can appeal their final determination.

What should I do if I suffer a job-related injury?

If you appeal a workers’ compensation award, there will be a hearing where you will have to present pertinent evidence that supports your claim and proves you should receive compensation for your job-related injury. To maximize your chances of recovering monetary compensation for your work-related injuries, you should take the following steps:

  1. Notify the appropriate parties of your injury. In New York, workers must report their job-related injuries within 30 days of the incident to their employer.
  2. Seek immediate medical attention. Your injuries, even if they seem minor, should be examined and treated by a medical professional. Additionally, you should keep track of all of your medical records to prove the extent and severity of your injuries. You should also keep all of your medical bills to prove your out-of-pocket losses.
  3. Gather critical evidence from the scene if possible. Capture pictures and video footage of the dangerous conditions that caused your injuries to occur. Moreover, you should gather contact information from any witnesses that can corroborate your claim.
  4. Retain the legal services of an experienced Westchester County workers’ compensation attorney. Our qualified attorneys can help you file a formal appeal for an informal hearing to challenge your workers’ compensation award.

In the unfortunate event that you have suffered a job-related injury, it is imperative to acquire the right legal representation. Our firm is committed to helping our clients seek reasonable compensation for their work-related injuries.