Challenge Your Workers’ Compensation Claim Rejection
After a hearing, if you are unsatisfied with the workers’ compensation law judge’s decision, our attorneys at the Steenberg Law Firm can appeal to the Workers’ Compensation Board and subsequently to an appellate court.
First Stage Appeal To The Workers’ Compensation Board
Following a “notice of decision” issued by the workers’ compensation law judge, you may appeal an unfavorable ruling via an application for board review within 30 days. This initial appeal will be evaluated by a three-member Workers’ Compensation Board panel that will either affirm, modify or rescind the previous judge’s ruling. If the decision of the board panel is unanimous, you may petition for discretionary Full Board Review. If the board panel decision is not unanimous, you may petition for mandatory Full Board Review.
Second Stage Appeal To The Appellate Division
If the Workers’ Compensation Board issues another unfavorable result, you may appeal to the Appellate Division, Third Department, Supreme Court of New York within 30 days of the decision. The Appellate Division will only hear your case if it involves an unsettled legal issue to provide uniformity. If the Appellate Division does hear your case, it may affirm, modify or rescind the previous declaration.
Third Stage Appeal To The Court of Appeals
In even rarer instances, you can appeal to the New York Court of Appeals, the highest state court in New York. Again, the Court of Appeals will only hear cases that involve distinct facts that result in an unsettled question of law.
Let Us Manage Your Appeal
Challenging the denial of your workers’ compensation claim is not an easy thing to do. Thankfully, we can help you secure the funds you need to cover the costs of your workplace injuries. Contact us for your free initial consultation today by calling 716-558-2000 or emailing us here. The sooner you reach out to us, the sooner you can get the results you deserve.