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My Employer Has Denied My Claim, What Do I Do?

If a claim is rejected or not paid, the employee should complete the reverse side of the Notice of Rejection (sent by the employer/carrier/the Special Fund, within 45 days of its receipt of the claim) and mail it within 26 weeks to the Disability Benefits Bureau. Where necessary, the Board will obtain further information and may hold a hearing on the claim. Benefits will be paid if a claim is determined proper and valid.

If the employer or insurance carrier disputes the claim, no cash benefits are paid until the Workers` Compensation Law Judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not jobrelated, he/she may be eligible for Disability Benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers` compensation awards.

For further information, you can contact the Workers` Compensation Board Public Information Office at the following number.

Workers` Compensation Board
Public Information Office
(518) 4746670

Other New York Workers' Compensation FAQs

Q: How Long After An Injury Do I Have To Report It To My Employer?
A: The employee notifies the employer of the accident in writing, as soon as possible, but within 30 days. The employee who has lost time from work files a claim with the … More
Q: How Do I Know If My Employer Is Covered By Workers' Compensation?
A: Employees should be covered if they are in an employment conducted for profit. Employees of counties and municipalities engaged in work defined by the law as … More
Q: What Workers' Compensation Benefits Am I Entitled To?
A: You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent … More
Q: If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?
A: The worker is free to choose any physician, chiropractor, podiatrist, psychologist (upon referral from an authorized physician), outpatient clinic of a hospital or … More
Q: When Will My Benefits Begin And How Much Will They Be?
A: Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from … More
Q: If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?
A: If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your … More

Workers' Compensation Sub-categories

Denial of Benefits and Appeals
Employer Responsibilities
Work Injury
Worker Compensation Board
Worker Compensation Insurance

Worker's Compensation Law
Workers Comp Claim
Workers Compensation Benefits
Workers Compensation Fraud