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Can you appeal a workers' compensation ruling?

Many New Yorkers go to work each day and are perfectly safe. However, even in safe jobs, people can get hurt. Workplace accidents take place all the time that leave people with serious injuries that require medical attention. When these accidents and injuries occur, New Yorkers have the right to request workers' compensation. Through the workers' compensation system, workers can receive compensation for the injuries they suffered while on the job. This compensation can include medical expenses and lost wages.

There are times, however, when a worker's application for workers' compensation is denied. In these situations, workers might still have serious expenses that have arisen from a workplace accident. People in these situations might ask -- can you appeal a workers' compensation ruling in New York?

According to the New York State Workers' Compensation Board, you do have the right to appeal a workers' compensation ruling. In order to appeal, you must file an appeal in writing within 30 days of the Workers' Compensation Law Judge's initial ruling on the case. In this writing you need to ask for Board review.

If the request for Board review is granted, then three members of the Board can review your case. After looking at the application and the evidence in the case, the panel has a few options. They can affirm, deny, rescind or modify the Judge's ruling. They can also send the case back for further review by the Judge.

If the panel cannot make a unanimous decision, the full board can review the case, once an application has been submitted in writing by one of the parties. A party can also appeal the ruling of the panel by petitioning the Supreme Court in writing within 30 days of the decision.

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