Content reviewed by:
Alex Shulman
If your employer denies that you were hurt at work, you should submit your injury report in writing, get the medical attention you need, and file a workers‘ compensation claim. Employers do not decide workers’ compensation cases, and they do not have the final say.
It’s also smart to connect with a lawyer who works with workplace injury claims. Your attorney will understand the legal process of proving your claim. They’ll also have the clout to push back against incorrect and unfair assertions made by your employer and their legal team.
Our New York City workers’ compensation lawyers have more than 200 years of combined experience, advocating for the rights of injured victims. Every Borough, Every Block, New York, We Got You. Contact us today to schedule your free consultation and tell us your story.
Understanding Workers’ Compensation in New York
Workers’ compensation in New York provides medical care and wage replacement benefits to employees who suffer job-related injuries or illnesses. This is a no-fault system that bars you from suing your employer in most situations.
The state mandates this program, and most employers must carry workers’ compensation coverage. If you have a valid workplace injury, your employer can’t stop you from receiving paid medical treatment, a portion of lost wages, and compensation for permanent disabilities.
Your Rights After a Workplace Injury
Your employer does not decide whether or not you are entitled to workers’ compensation benefits. You have specified rights under the law. If your employer violates those rights, they can expect serious legal consequences.
Your rights include:
- Right to medical care and treatment for your injury
- Right to weekly wage replacement benefits if you miss work
- Protection from employer retaliation or discrimination
- Ability to appeal decisions and seek representation
- Continuing benefits even if you return to work, subject to rules
Steps to Take if Your Employer Denies Your Injury
If your employer takes actions that delay or prevent your access to workers’ compensation benefits, reach out to our legal team immediately. We can help you appeal your denial and fight for the benefits you rightfully deserve.
File a Request for a Hearing
If your workers’ compensation claim is denied or disputed, you may formally request a hearing before the New York Workers’ Compensation Board. This starts the dispute process and allows a judge to review your case.
Gather Supporting Evidence
Strong documentation helps establish that your injury is work-related and demonstrates the extent of your disability, lost wages, and need for continued benefits.
Collect all documentation supporting your claim, including:
- Medical records and doctors’ reports
- Written medical opinion stating injury is work-related
- Accident or incident report filed with the employer
- The written notice you gave your employer about the injury
- Witness statements from coworkers
- Correspondence from the insurance company denying the claim
Attend the Workers’ Compensation Hearing
You have the right to legal representation at your hearing before a Workers’ Compensation Law Judge, either in person or virtually. Be prepared to testify about how the injury happened and its impact on your ability to work. Answer questions honestly and follow procedural instructions.
Escalate the Appeal if Necessary
If you are not satisfied with the Judge’s decision, you can take additional steps to escalate your workers’ compensation case. In order, you can request a:
- Board Panel Review: A three-member board panel reviews the judge’s decision and record, and may affirm, modify, rescind, or remand the case.
- Full Board Review: If the panel disagrees with you, the entire Workers’ Compensation Board may review the panel’s decision, usually for significant legal or factual issues, at its discretion.
- Appellate Division Review: Next, the New York State Supreme Court, Appellate Division, reviews legal questions and whether the Board’s decision is supported by evidence.
- New York Court of Appeals: The highest state court may review select cases with important legal issues, but permission is required.
Our team will stand with you throughout the entire process and make sure your rights are respected and your voice is heard.
Get Help From a New York Workers’ Compensation Attorney
If your employer denies that you were hurt at work, remember that they do not have the final say in the matter. Make sure you get medical attention to address your injury, file a workers’ compensation claim, and make a report to your employer in writing.
Then, get in touch with our workers’ compensation lawyers in New York. We can help with your claim, interact with your employer, and serve as your advocate during a time when your injuries might make it tough to fight as hard as you ordinarily would. We’ve got you.
Our legal team at Shulman & Hill Injury Lawyers has recovered more than a billion dollars in awards and settlements for injured accident victims. When your employer doesn’t have your back, we do.
Call today for your free consultation, and we can discuss your workplace injury case.
