Legal Remedies in Workers’ Compensation Claims, Explained by Our Experienced Bronx Workers’ Compensation Lawyers
QUESTION: What Happens if My Workers Compensation Board Appeal is Denied or if the Carrier Appeals a Decision Awarding WC Benefits to me?
ANSWER: An appeal from the Workers’ Compensation Board must go to a state court, no matter which party files the appeal. That means it is best always to have an experienced workers’ compensation lawyer to handle your legal claims and appeals in court. The first place an appeal will go to is the Appellate Division, Third Department, which is in Albany, New York. All appears from the Workers’ Compensation Board must go to the Third Department, even if the claimant lives in Bronx, Long Island, Buffalo, New York City, or anywhere else in New York.
A decision and order from the Third Department may further be appealed to the Court of Appeals, the highest court in New York, when there is permission from the court to do so. This is exceptionally rare. Generally, only unique issues that have major implications in state jurisprudence of workers’ compensation laws will be heard by the Court of Appeals.
How Long Do I Have to File an Appeal After a Denial from the Workers Compensation Board?
If the Workers’ Compensation Board review is denied, you will also have 30 days from that ruling to file a notice of appeal to the Appellate Division, Third Department. This appeal is heard by a panel of five judges appointed to the Appellate Division, who will review the record below to render a determination.
After the Third Department’s review, if your claim remains denied, the final and rarest step is to appeal to the Court of Appeals. This is an exceedingly rare step, as permission must be granted before an appeal can be taken to the highest court in New York.
Can the Carrier Appeal a Decision Granting Workers’ Compensation Benefits to Me?
Yes, a carrier can appeal an award of workers’ compensation to you. This may be because of a miscalculation or because the carrier disagrees with the findings of the ALJ and the Workers Compensation Board. Claims involving prior injuries or preexisting injuries, or claims involving possible misrepresentation of claims or facts, are the most likely types of cases that a carrier will appeal.
Do You Need Help Appealing a WC Denial? Do You Need Help Defending a WC Appeal in Court? Call Our Workers’ Compensation Lawyers in The Bronx for Help
We hope this FAQ was helpful. We have more FAQ questions and answers available here.
But if you still have questions about what is workers’ compensation in New York, call to schedule a FREE consultation with our experienced workers’ compensation lawyers in The Bronx, NY to learn more about how we can help you. You can reach us by dialing (914) 595-4502 or by sending us a private message through our “Contact Us” box available here.
