When attending a workers compensation hearing in New York, no one wants to feel lost trying to understand legal terms or confused about the process. The following are some frequently asked questions that arise regarding workers comp hearings.
In many cases you do not have to attend a hearing. If the insurance company accepts your workers comp claim, there would be no need for a hearing.
Hearings take place when the claim or some aspect of the claim is under dispute. For example, if the insurance company denies your claim and you challenge the denial, a hearing would be necessary. In some instances, the insurer disagrees that the employee was injured, or challenges the fact that the employee suffered a work related injury. Or, if the compensation is a smaller amount than expected, you may request a hearing to dispute the proposed payout amount.
Whenever the insurer or the claimant requests a hearing, the New York Workers Compensation Board first attempts a reconciliation. Board conciliators and examiners try to resolve issues without a hearing if possible. If it isn't possible, the Board schedules a hearing before a workers compensation law judge. The judge evaluates the claim based on:
If there is insufficient evidence, the judge may require more information to determine the benefit. Often insurers request a medical examination of the injured worker by their doctor. Under such circumstances the judge may postpone the decision. After acquiring all necessary evidence, the judge determines a resolution and the amount of the reward. The Board also determines the legal fee and deducts the amount from the compensation award.
While you can represent yourself at the hearing, the insurance company will have an attorney presenting their side of the case. Having your own attorney can level the playing field.
You have the right to appeal a denied claim but must enter the appeal within 30 days of the date the judge filed the decision. Your lawyer will submit a written appeal, requesting a review. A panel of three members of the Worker's Compensation Board review the appeal. Three outcomes are possible: the panel either affirms, overrules or modifies a judge's ruling. Two higher levels of appeal also exist: an appeal to the full Workers Compensation Board and an appeal to the New York State Supreme Court.
Sackstein, Sackstein & Lee, LLPand schedule a free consultation with one of our attorneys. We can discuss your claim. .
Call us toll free at 888.519.6400, or contact us in Garden City at 516.248.2234, or in Flushing-Queens, Brooklyn or the Bronx at 718.539.3100. You can also fill in our contact form, and we will get in touch with you.
With offices throughout New York City and Long Island the personal injury attorneys at Sackstein Sackstein & Lee, LLP, assist accident victims throughout New York, including the cities of Manhattan (NYC), Brooklyn, Bronx, Queens, Flushing, Bayside, College Point, Jamaica, Jackson Heights, Elmhurst, Corona, Long Island City, Elmont, Forest Hills, Ozone Park, Springfield Gardens, Rosedale, Laurelton, Hollis, Ridgewood, Nassau, Hempstead, Elmont, Mineola, Freeport, Garden City, Uniondale, Westbury, Roosevelt, East Meadow, Levittown, Franklin Square, New Hyde Park, Williston Park, Valley Stream, as well as the communities in and around Nassau County and Suffolk County.