When someone disputes a workers’ compensation claim in New York, it can feel overwhelming for everyone involved. Understanding the process, step by step, can make it much easier to handle.
How a disputed claim gets started
In New York, a workers’ compensation claim becomes disputed when an employer or insurance company disagrees with it. This can happen for many reasons. The employer or insurer might believe the injury did not occur at work, or that the medical treatment is unnecessary. The employer or insurer may also question how serious the injury really is.
Once someone disputes a claim, the New York Workers’ Compensation Board (WCB) steps in. The board sends a “Notice of Controversy” to explain the dispute. The injured worker and the employer each get a chance to share their side. A judge then schedules a hearing or a “Pre-Hearing Conference” to decide what information the judge needs to solve the case.
What the resolution process looks like
A Workers’ Compensation Law Judge (WCLJ) listens to the evidence and makes a decision. This can take several months. If one side disagrees with the judge’s ruling, that side must follow a specific path:
- Board panel review: Within 30 days, the unhappy party must request a three-member Board Panel review of the case.
- Full board review: If the three members do not agree, the Full Board may look at the case.
- Appellate division: If a dispute still exists, the case goes to the New York State Supreme Court, Appellate Division, Third Department.
Throughout this process, deadlines are very important. Missing a filing date or a hearing can hurt a case.
Why speaking with an attorney can help
Whether you are an employer or an injured worker, having someone who knows the law can make a real difference. An attorney helps make sure someone files the right paperwork on time and presents evidence clearly. Even a short meeting can give you a better picture of your options. It is always worth knowing what help is available to you.