When Can You Appeal A Worker's Compensation Decision?

You may think that you have no rights when it comes to a denied worker's comp claim. Actually, that is not the case. Several worker's comp claims are denied every year, and not because the workers who filed the claims do not have a legitimate claim. The problem often lies with a lack of supporting evidence for your claim, or missing forms and documentation of what you and your employer have tried to do to help you remain gainfully employed after being injured. The following situations are all good reasons to appeal your first claim when you receive a "denied" decision.

You Did Not Get All of the Required Forms In On Time

There is a monumental amount of paperwork involved with the worker's compensation claim. There is also a deadline to file, so it is very easy to forget a number of documents. When you are denied because you missed one or more forms in a rush to get everything in, you should definitely appeal. For more information about the worker's compensation process and timeline go here. If you saved copies of everything from the last filing, all you have to do is copy those forms again, and include the forms that caused your claim to be denied.

You Are Clearly and Completely Unable To Work

The worker's comp decision makers cannot see that you are unable to work. They only see what is on paper and what you give them as documentation of the events that caused your injuries. Taking the case to court helps them see that you are unable to work and may not be able to work most jobs in any capacity ever again.

You Have Proof That Your Injuries Are Your Employer's Fault

Negligence is difficult to prove unless you have infallible proof that your employer is responsible for your injuries. Since worker's comp claim forms don't typically have a space to address these issues, the decision makers on high are unaware of any negligence on your employer's part unless you bring a lawsuit against them. Your evidence should be solid, and you can check with a worker's comp lawyer to make sure that it is.

Were you injured while working?

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White Plains
Markhoff & Mittman, P.C.
120 Bloomingdale Rd #401
White Plains, NY 10605
914-946-1452

Brooklyn
Markhoff & Mittman, P.C.
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Brooklyn, NY 11201
718-509-3599

Long Island
Markhoff & Mittman, P.C.
1778 Hempstead Turnpike
East Meadow, NY 11554
516-267-6873

NYC
Markhoff & Mittman, P.C.
1825 Park Ave #901
New York, NY 10035
212-897-9004