Schenectady Workers' Compensation Appeal Lawyers

Albany Denied Workers' Compensation Claim Attorneys

If your Workers' Compensation claim has been denied, you can talk with one of our lawyers free of charge to learn about your options. We understand the challenges you face from your work-related injuries or illnesses and from the disappointing news that your Workers' Compensation claim has been denied.

Our Schenectady Workers' Compensation appeal attorneys have handled thousands of these cases. We take our client service very seriously. We will help you through every step of the Workers' Compensation process. Silverman, Silverman & Seligman, P.C., is dedicated to helping workers like you obtain the best financial benefits award available.

Workers' Compensation Board Panel Hearings ∙ Full Board Reviews

If your initial Workers' Compensation application has been denied, you have the right to request a review from a three-person Workers' Compensation review board. It is important to contact an attorney as soon as possible, as you have only 30 days from the date of the initial denial to file this review claim. Further, this panel hearing is not the time to clean up or make additions to your initial filing. The initial filing is the primary source of evidence that the board will review and you will not have the opportunity to introduce new evidence, so it is crucial to make sure you get the initial filing perfect at the beginning of the Workers' Compensation process. If the board denies your appeal, you will still have the chance to request a full board review, followed by an appeal to the courts.

We will help you through every step of this daunting process. We have been handling Workers' Compensation cases for decades, and we will use all of our experience to walk you through your appeals and help you get the financial benefits you need to get back on your feet and provide for your family.

Contact New York Workers' Compensation Lawyers ∙ Free Consultations

We serve clients in all upstate Capital District counties. If you have experienced a work-related injury, you can talk with one of our experienced lawyers. Call 518-631-4521 or contact us online for a free initial consultation with a New York work injury compensation attorney.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338