After an employee files a workers' compensation insurance claim, the insurance carrier decides if they are accepting or contesting the claim. In cases where a claim is contested, it proceeds through the New York Workers' Compensation Board.The Workers' Compensation Board is an administrative court that oversees cases. How does the hearing process work if a claim goes before them?Hearings And AppealsHearings and trials are held before a Workers' Compensation Law Judge, who will take testimony from both sides. This judge will review your medical records and wages to determine if a claim is valid or not. The judge will issue a decision and set the award amount.Cases against a workers' compensation insurer can be complicated, which means the hearing before the board is often lengthy. Both parties have the option to appeal the decision, in writing, within 30 days of the decision. Insurers can also choose to accept part of a case and appeal another, which can complicate matters further.Three board members will review appealed cases, and they will decide if they agree, change part of a decision or reject the appeal. It is also possible they may return the case for more hearings.A decision can be appealed further to the full Workers' Compensation Board of Commissioners, who can either agree with, change, or overturn the decision. After that, any further appeals go through the Appellate Division, Third Department, Supreme Court of the State of New York.Legal RepresentationWorkers' compensation insurers often find many reasons to dispute a claim and not pay out, and they have a large legal team to defend them in a case and throughout an appeals process. Having your own advocate can be a helpful advantage, especially considering the insurer is not required to pay out lost wages while the appeal is being reviewed - unless the board upholds a decision to pay out to you.If you were injured on the job and believe you may need assistance throughout the claims process, especially if a hearing becomes necessary, talk to an experienced workers' compensation attorney, who can help collect necessary evidence and navigate the claims and hearings process. Going before the Workers' Compensation Board may seem daunting, but it doesn't have to be.
Terry Katz, Esq.
Terry Katz, Esq., the founding Member of the firm, handles all aspects of Workers’ Compensation and Social Security Disability cases.
My experience with the firm of Terry Katz and Associates proved to be a very rewarding experience. My specific case was for the receipt of SSI benefits. After having been denied my initial request for SS benefits, I contacted the firm of Terry Katz and Associates in the hopes of reinforcing my appeal.
The associate with whom I worked, Ms. Langdale, was truly exceptional, providing me not only with invaluable guidance, but personable and compassionate care along the way. She is a wonderful person. In the end, my appeal was successful and I am now receiving benefits.
I am so grateful to the Katz firm, for the exceptional assistance I received, not only from Ms. Langdale, but from all the associates involved at the firm. I highly recommend retaining their services for anyone seeking to strengthen their SSI case. Thank you again, Terry Katz & Associates!