Hearings and Appeals Process for New York Workers’ Compensation Claims

If you have been injured on the job in New York, you may be entitled to workers’ compensation benefits. These benefits provide a way for injured workers to pay their mortgages, grocery bills and other household expenses. Most individuals who have been injured count on this money to help them survive financially while they are recovering.

The weekly maximum benefit in which you may be entitled is $550 a week. This amount is set to increase to $600 a week on July 1, 2009. If your injury classifies as a permanent or total disability, you may be able to receive supplemental benefits to compensate for the rising costs of healthcare. When you are eligible for New York’s workers’ compensation benefits, you will also receive medical care relating to your injury.

There are certain steps in the claims process that must be followed. Each step is assigned a particular deadline for its completion. The New York State Workers’ Compensation Board may hold a hearing or hearings before a Workers’ Compensation Law Judge to determine your eligibility. The judge will listen to relevant testimony, review medical records and other evidence before making the decision regarding benefits. If the judge decides that you are entitled to benefits the amount and duration of compensation will be determined. If the judge denies your eligibility to receive workers’ compensation benefits, the decision can be appealed.

Workers’ Comp Appeals
The decision may be appealed within 30 days of the filing of the judge’s decision. To initiate an appeal, you must apply in writing for the New York State Workers’ Compensation Board to review. If the appeal is allowed, a panel of three board members will review your workers’ compensation case. This panel has the authority to affirm, modify or rescind the judge’s decision or to send the case back to the judge for further development of the record. In the situation where the panel is not unanimous in their decision, you can request a full board review.

Appeals of the panel’s decisions must be made within 30 days to the Appellate Division, Third Department, Supreme Court of the State of New York. To appeal the decision made by the Appellate Division, you would need to go through the Court of Appeals.

The appeals process is complicated. You have the right to be represented by a New York workers’ compensation attorney, who can assist you with the appeal. Contact Markhoff & Mittman, P.C. at (866) 205-2415 for advice regarding your workers’ comp case.