A workplace accident can leave a New York worker with a lot of decisions to make. These decisions can range from how to get medical treatment to if you can return to work. As you can see, these decisions can have a long lasting effect on your life. One major decision that many workers face after a workplace accident is whether or not to apply for workers’ compensation insurance benefits. Through the workers’ compensation system, you may be entitled to monetary awards for medical expenses and lost wages relating to a workplace injury.
However, as much as you may need these benefits, you are not completely in control when it comes to receiving them. The employer’s insurance carrier may have some control as well. You might thus ask- “can workers’ compensation claims be contested?”
According to the NYSIF, an insurance carrier has the right to contest a workers’ compensation claim. In order to properly make a claim, the insurance carrier must file the proper form in the correct time frame. The NYSIF says that form C-7, known as the “Notice That Right to Compensation is Controverted,” must be filed with the New York Workers’ Compensation Board within the greater of 10 days of learning of the accident or 18 days after disability begins.
This form must state the insurance carriers’ reasons for denying coverage. The decision about the denial will be made by a Workers’ Compensation Law judge during a hearing or pre-hearing conference.
It is important to know that if your claim is denied, you have the right to appeal. You should understand your legal rights and obtain specific legal advice, which this post cannot provide, on these issues, so that you can make the legal decisions that are right for you.