What are the steps in the third-party appeals process?
In New York, a third-party appeal is a legal process that allows an injured individual to seek compensation from someone other than their employer after an industrial accident. The process begins with filing a claim with the Workers’ Compensation Board, which includes providing medical evidence that proves the injury was caused by an industrial accident. If the Board finds that the injury was caused by an industrial accident, then the Board will assign an arbitrator to hear the case. The arbitrator will then review the evidence presented and make a decision about whether the third party should be held liable for the injury. In addition, the arbitrator may determine the amount of compensation to be awarded to the injured individual. Once the decision has been made, either party may appeal the arbitrator’s decision to a higher court. If an appeal is made, the higher court will review the arbitrator’s decision and the evidence presented. The court will consider any new evidence presented and may modify the arbitrator’s decision. After reviewing the evidence, the court will make a final decision about whether the third party is liable for the injury and what compensation should be awarded. Once the court’s decision is final, the injured individual may seek legal counsel to help them file any further appeals if necessary. Additionally, the employer may be held liable for any legal fees associated with the appeals process. This is why it is important to seek legal advice when pursuing a third-party appeal in New York.
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