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Appealing denial of a workers'-compensation claim

Work is an important component of a New Yorker's life. When an on-the-job injury takes away the ability of a New Yorker to work, it can be scary. There's the worry over getting healthy again, of course. But, there's also the worry over how to pay for medical care while meeting the standard set of bills. Under these circumstances, not being able to work is especially pernicious. Fortunately, New York has a workers'-compensation law that can help with these situations -- if the worker's petition is accepted.

In many cases, New Yorkers won't have to fret too much because their initial application will be accepted. But, many others will have to sweat over a denied application and its repercussions. A denied application though is not the end of the story; it is simply the end of the opening act.

If a New Yorker disagrees with a decision, it can appealed. For example, if a hearing is held and a workers'-compensation-law judge says no, the worker has 30 days to appeal the decision. To do so, the worker will need to apply in writing to the workers'-compensation board. Once appealed, the board will review the case and decide whether to affirm, alter or overrule the judge's decision.

If the board gives an unsatisfactory answer, a New Yorker can appeal the case up the ladder another level -- to the Appellate Division, Third Department, Supreme Court of the State of New York. As before, the appeal must take place within 30 days.

If the Appellate Division's decision is no more satisfactory than the board, New Yorkers have one final resort -- the Court of Appeals.

Source: New York Workers' Compensation Board, "Hearings and Appeals," Accessed Sept. 6, 2015

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