Yonkers & Westchester County NY Workers’ Compensation Appeals Attorneys
We step in when your claim is denied
If you were injured in a workplace accident, you may need to file a claim with the New York Workers’ Compensation Board to recover damages for your medical bills and other expenses. Workers’ compensation benefits are paid by the insurance companies that provide the policies to employers. Therefore, it is not uncommon for a workers’ compensation insurer to deny a claim at first—after all, the insurance company wants to save as much money as possible. At Ball & Ferrari, P.C., our attorneys are experienced in workers’ compensation claims and protect your best interests and financial future when workers’ comp claims are wrongfully denied.
Why are some workers’ compensation claims denied?
First, it is important to understand what is required to obtain workers’ compensation benefits. In New York, to prevail in a claim, an injured worker must show:
The worker is eligible for workers’ compensation benefits;
The worker was employed at the time of the injury;
The injury occurred while the employee was working or occurred as a result of working (for example, the diagnosis of an occupational disease)
There are many reasons why an insurer may deny a claim. For example, the insurance company may argue that the employee was not covered by the workers’ compensation plan, or that the injury did not occur while the employee was actually working. In some cases, the employer tells the insurance company that the employee should not be eligible for benefits.
If the workers’ compensation insurer denies your claim, the insurer must file a “notice of controversy” with the New York Workers’ Compensation Board. After the notice is filed, the claim is sent to a judge for review.
If your claim is denied, you may have to attend a hearing. Our skilled New York workers’ compensation attorney conducts the hearing on your behalf, but you may have to answer a few questions from the judge. Of course, our attorneys ensure you are thoroughly prepared before your hearing.
If you have been injured on the job, contact our New York workers’ compensation attorneys
At Ball & Ferrari, P.C., our Yonkers New York workers’ comp attorneys aggressively pursue your right to workers’ compensation. We proudly serve clients throughout Westchester County, as well as Manhattan, the Bronx, Brooklyn, and Queens. To schedule your free consultation with our legal team, call (914) 779-2600 or contact us online.