What are the steps in the workers' compensation appeals process?

The workers’ compensation appeals process in New York is in place to ensure injured workers receive the compensation they deserve. The process typically goes through five steps: 1. Filing a claim: The first step is to file a claim with the Workers’ Compensation Board and provide evidence to support the claim. This includes medical documentation proving the injury and documentation of lost wages due to the injury. 2. Hearing: Once the claim has been filed, the injured worker will have a hearing with the Board to present their case. During the hearing, the Board can ask questions and review evidence to make a determination on the claim. 3. Decision by the Board: Based on the evidence presented by the worker and other witnesses, the Board will make a decision on the claim. This decision will be mailed to the worker and contain information on the eligibility for compensation and how much they’re entitled to receive. 4. Appeal: If the worker disagrees with the Board’s decision, they can appeal it within 30 days. The appeal will be reviewed and a court date will be scheduled for the next phase. 5. Hearing before a Judge: The last step in the process is a hearing before a Judge. The worker will present their case before a Judge and the Judge will make a final decision on the appeal. The Judge’s decision is final and the worker must abide by it. By following the steps outlined above, injured workers in New York are guaranteed a fair process in appealing their Workers’ Compensation claim. This process allows workers to have their side heard and ensures they receive the compensation they deserve.

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