My New York Workers’ Comp Claim Got Denied. Now What?
There are few things as discouraging as getting your workers’ compensation claim denied. After all, it is only natural to be in a vulnerable state after suffering a workplace injury. You have medical treatments to undergo and potential lost wages at stake. A denied workers’ compensation claim may feel too overwhelming to fight. Fortunately, there are still many options available to you. Do you know what to do if your New York workers’ compensation claim gets denied?
Reasons for Denial
It is easier to appeal a denial if you know the reasons behind it. Your denial letter will likely let you know the insurance company’s rationale. If it does not, you can still contact the insurance company directly to find out.
Many different factors can contribute to the denial of a workers’ compensation claim. One 
of the most common is that the employer has disputed the claim. They may argue that your injury occurred when you were not carrying out work duties but was instead a simple incidental mistake during work hours. You may have also taken too long to report your injury or file your claim. In the state of New York, the statute of limitations on most workers’ compensation claims is two years from the date of the incident.
Appealing a Denial
You do not have an unlimited amount of time to submit an appeal, so it is important to act expediently. The appeals process can feel even more overwhelming than the filing process, so you may want to consider working with a competent New York workplace accident lawyer. The right attorney will be able to help you compile all the necessary evidence for your case. They may even help you find the right doctor for you.
Insurance companies have far more experience in handling workers’ compensation claims than the average employee. They are specially trained to minimize your settlement amount if you even get a settlement at all. You need an experienced legal team on your side to counter their tactics.
Further Appeals
Your first appeal may also get denied. Still, this is no reason to lose hope. In the state of New York, you have the right to appeal to the Appellate division within 30 days of the appeal decision. You can even take your appeal to the State Supreme Court if desired. This process can be lengthy and taxing. You may want to consider how much time and money you are willing to invest in appealing your case. Consult with your lawyer to determine what your best options are.
Seeking Legal Help
If you or a loved one were recently involved in a workplace accident, we at Gattuso & Ciottoli, PLLC may be able to help. Contact us today to schedule a free consultation with one of our experienced Syracuse injury attorneys. We draw on over 50 years of combined legal experience to serve you as best we can. We proudly serve the Central New York area, including Syracuse, Syracuse, Watertown, Binghamton, North Syracuse, Camillus, Liverpool, Cortland, and Auburn.