I Appeal A Workers' Compensation Claim?
your Workers' Compensation claim has been denied, you can contact
Peter Antonowicz at email@example.com to learn about your
Compensation Board Panel Hearings ∙ Full Board Reviews
your initial Workers' Compensation application has been denied, you
have the right to request a review from a three-person Workers'
Compensation review board. It is important to contact an attorney as
soon as possible, as you have only 30 days from the date of the
initial denial to file this review claim. Further, this panel hearing
is not the time to clean up or make additions to your initial filing.
The initial filing is the primary source of evidence that the board
will review and you will not have the opportunity to introduce
new evidence, so it is crucial to make sure you get the initial
filing perfect at the beginning of the Workers'
process. If the board denies your appeal, you will still have the
chance to request a full board review, followed by an appeal to the
Long Will I Get Workers' Compensation Benefits?
year 2007 brought bad news to injured New York workers receiving
Workers' Compensation benefits. Until that time, many workers who
were permanently disabled were eligible to receive benefits for the
length of their injuries — permanently. In 2007, this changed, and
New York became a "capped state." Now there are caps on the
amount of time that injured New York workers can receive permanent
disability benefits. Now, ironically, injured workers in New York
receive "permanent" disability benefits temporarily
benefit caps make it especially important for you to talk with an
experienced Workers' Compensation attorney. You need to consider all
possible forms of compensation, including Social Security Disability
Insurance (SSDI). We have experience in Workers' Compensation and
SSDI, and we have a thorough understanding of the complications
involved with the intersection between Workers' Compensation and
SSDI. We can help you obtain the maximum benefits available for your
Long Will I Get Workers' Compensation Benefits? Workers' Compensation
are two kinds of permanency: scheduled loss of use and
loss of use permanency involves injuries to or loss of members or
body parts. If you have a permanency to a member, like an arm or a
toe, it is called a scheduled loss of use. Each body part has a
certain number of weeks attached to it for purposes of calculating
the duration of workers' comp benefits.
with permanency not involving a specific member of the body — like
spine and neck injuries — are called classifications. Before 2007,
judges would determine the extent that a worker's classification
hindered the ability to work. The injured worker would then be
compensated to that percentage for as long as the injuries lasted,
even if that was permanent.
these benefits are capped. They stop after a fixed amount of time,
leaving injured workers without the full extent of the benefits they
Permission For Medical Treatment
December 2010, injured New York workers' access to medical care
changed dramatically under Workers'
. Before that time, a doctor needed permission
from the insurance carrier to provide any treatment worth more than
$1,000. This requirement was removed in December, resulting in one of
the most significant changes to Workers' Compensation since its
new guidelines set out a process by which a doctor can provide
treatment worth more than $1,000. If the doctor follows the process,
he or she does not need authorization. Doctors are dealing with the
system under the fear that they will be held liable for possible
missteps in the procedures. These complicated procedures include
incredibly strict guidelines that ultimately make access to medical
procedures like fusion surgery even more challenging for injured
workers in New York. The new guidelines also limit the extent of
physical therapy or treatment that injured workers can receive.
I Need To Look For Work If I Am Getting Workers' Compensation?
the New York Workers' Compensation requirements, recipients of
workers' comp benefits are required to show that they are looking for
work within their restrictions. This requirement may seems,
especially those workers who have suffered serious, debilitating
injuries. However, it is necessary to comply with this requirement
or you may lose Workers' Compensation benefits.
to comply with the
job search requirement is called "voluntary removal," which
results in loss of your benefits. Compliance with this rule, however,
is not a simple matter. There are many Supreme Court Appellate
Division cases that lay out the specifics of this requirement.
most common justification for denying continuing Workers'
benefits is that the injured worker has not demonstrated the required
effort in looking for other work.
actual job search:
By definition, partial disability means that you are not totally
disabled; you can still do some
All New Yorkers receiving partial disability benefits need to search
for work that is within their abilities.
job search efforts:
It is one thing to look for work, but you also have to properly
demonstrate your job search efforts to the workers' comp insurance
carriers. Missing filing deadlines or committing small clerical
errors could lead to the loss of your benefits.