Tip Sheet: What to Do if a Workers' Compensation Claim Is Denied

If a Long Island injured worker faces a denial, yet is out of work or has mounting bills, there is a chance to reverse the decision and win an appeal of the Workers’ Compensation case. Here’s a few reasons why cases are denied and what can be done.

Plainview, NY -- (ReleaseWire) -- 08/01/2016 -- Injured workers face a difficult task when they submit their claim for Long Island Workers' Compensation and it is denied. Injured workers are often denied compensation even while facing mounting bills with no way to repay these and no compensation granted to them. However, in an appeals case, there is often a technical detail or a piece of evidence that is considered and enough to grant the injured worker the compensation needed.

Reasons for Denied Cases and Tips to Appeal

1. Workers' Compensation cases are denied for many reasons. Insurance companies will often research a case, looking for any reason to deny the injured worker from compensation.

Denials can come from investigation around the injury being a pre-existing condition. If the previous condition was worsened after the injury, then the worker should receive compensation. Often, proving the worsened effect of the pre-existing condition takes the report and documentation from a doctor.

2. An injured worker will need to contact the insurance company to determine the reason behind the claim's denial. The reason may be as simple as a missing piece of paperwork or information from the file.

3. Many employers list employees as third-party providers instead of employees. In 2010, the New York State Construction Industry Fair Play Act law was enacted. This law states the definition of a third party contractor and an employee. There are also factors a judge will use to consider if an individual is an independent contractor in non-construction industries. The law presumes that a person who performs services for a contractor is officially an employee of them. The law lists the specific application and definition of the law in Workers' Compensation cases.

4. Other contested cases can involve minute details that try to incorporate different factors of the person's life like other reasons for the injury besides it being work-related, acceptance of retirement for reasons other than the injury, and faulty doctor reports. The judge presiding over the case could take these issues into consideration and deny the claim.

5. If the attempt to reverse the denial with the insurance company doesn't work, then the client needs to file an appeal. Either side can appeal a judge's decision within 30 days of the filing in New York. An appeal is filed through writing for the Board to review through an application of appeal. The panel, consisting of three Board Members, reviews the appeal request.

Long Island Workers Compensation lawyer, Robert Golan, PC, had success winning three appeals for contested Workers' Compensation cases in new recent decisions. The NYS Workers' Compensation Board, a court appointed administrative agency where the cases were held, issued a decision in favor of Robert Golan's clients after successfully convincing the appellate Judges of their serious injuries. Mr. Golan has had success arguing and winning several high profile case appeals, including Funke v. Eastern Suffolk Boces and Nickel v. Pilgrim Psychiatric Hospital. Mr. Golan won 3 appeals in contested Workers' Compensation cases.

To learn more about Robert Golan, PC and request a free evaluation of a Long Island Workers' Compensation case, visit: http://www.workerscompensation-law.com

About Robert Golan, PC
Robert Golan has represented injured workers in all aspects of Long Island Workers' Compensation cases since 1997. He handles all of his clients' cases personally from beginning to end – from intake, through the hearing process and appeals if necessary. Mr. Golan does not "farm out" his cases to other lawyers or have junior associates or inexperienced lawyers work on them. You will always have direct access to have your questions answered and your concerns addressed. Mr. Golan personally appears at all of his clients' hearings on Long Island and surrounding areas. For years, Robert Golan, Esq. has helped thousands of New York's workers get the benefits they need from work related injuries and diseases. All consultations are free, and you will be able to get answers to your questions about your rights when it comes to work injuries.

Contact:
Robert Golan, PC
516 586-3910
1670 Old Country Rd. Suite 226, Plainview, NY 11803
E-mail: rgolanus@yahoo.com
http://www.workerscompensation-law.com

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