COVID-19 Notice: Block O'Toole & Murphy is fully operational in accordance with safety regulations provided by the CDC and local health officials.
Our attorneys continue to provide quality legal representation and are available to discuss your case over the phone, email, or video. Read more from our managing partners.
Block O'Toole & Murphy Block
O'Toole
& Murphy
Premier NY Personal Injury Lawyers

What do I do after a workplace injury? P.2

In our last post, we began discussing in general outline the claims process associated with workers’ compensation, putting particular emphasis on the need for injured workers to understand their obligations in the claims process to ensure they can claim the benefits to which they are entitled.

When an injured worker disagrees with a decision made with respect to his or her claim, he or she has the right to dispute the decision. Once a claim comes into dispute, the employer’s insurance carrier is required to inform the Workers’ Compensation Board, as well as the claimant and his or her advocate of the specific reasons workers’ compensation payments are not being made. When the reason for denying the claim is that the employee didn’t notify the employer in a timely manner, notice may be filed within 10 days of learning of the incident. 

An injured worker is able to challenge a workers’ compensation decision by filing for a hearing before a Workers’ Compensation Law Judge. This gives the worker the opportunity to present testimony and medical evidence to establish entitlement to benefits. Having an advocate in the process can help an injured worker to build the strongest possible case.

Beyond the hearing, a worker is able to file an appeal within 30 days of the hearing decision if he or she disagrees with the outcome. This puts the case before a panel of three members of the Workers’ Compensation Board, which can either affirm, rescind or modify the Judge’s decision or send the case back to the Judge to further develop the record in the case. When the panel doesn’t reach a unanimous decision, a full Board Review may be requested.

Not many workers’ compensation cases go beyond this level, but it is possible to appeal cases even further to the Supreme Court. Such cases are very rare, and it is critical to work with an experienced advocate when the appeals process goes that far. 

Speak with a Qualified New York Injury Lawyer Today

Fill out our short online contact form for a FREE, immediate case review, or call us locally at 212-736-5300 today. The lawyers in our firm work on a contingency basis, so we do not collect any money unless we win your case.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Firm Awards and Honors

These are some of the publications and organizations that have recognized our firm and individual attorneys for excellence.

Learn More
Block O'Toole & Murphy - Listed in Best Lawyers - Linking Lawyers and Clients Worldwide Best Lawyers - Best Law Firms - U.S. News The National Trial Lawyers - Top 100 Trial Lawyers Super Lawyers Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum Irish Legal 100 Martindale-Hubbell - Peer Rated For Ethical Standards and Legal Ability New York Magazine - Top Verdicts & Settlements New York Law Journal www.naacp.org - NAACP Frances Pope Memorial Foundation - Love. Support. Hope. St. John's University - School of Law St. Jude Children's Research Hospital Expertise - Best Workers Compensation Attorneys New York City 2020
Call Block O'Toole & Murphy Today For Help - 212-736-5300
CLOSE MENU  X

What can we help you find?