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Why Workers Compensation Claims Get Denied in New York

by | Nov 14, 2023 | Workers' Compensation

The denial of a workers’ compensation claim can cause a considerable amount of stress. While there are steps you can take to prevent denials, some denials will require help from a qualified New York Workers’ Compensation attorney to resolve.

Here are some of the most common types of denials that we see. 

Failure to File Paperwork

You must file your Form C-3 within 30 days of receiving your injury. Usually, we recommend filing your form on the same day you are injured. 

If you’ve injured the same body part in the past, you must also file a Limited Release of Health Information Form. 

Disputes Over The Cause of Injury

You may only claim a workers’ compensation injury if the New York Workers’ Compensation Board or the workers’ compensation insurance company believes that you were injured on the job.

If either party believes the injury was not work-related, there could be significant problems.

You will need to work with an attorney to prove that your injuries are work-related.

Failing to Seek Medical Attention or Follow Doctor’s Orders

Failing to seek medical attention after an accident is one of the worst mistakes you could possibly make. You should always seek attention directly after the accident.

Yet you can also get into a great deal of trouble by failing to follow doctor’s orders.

If your claim is particularly expensive or involves any form of major disability, you can expect that you may be placed under surveillance. Even minor, accidental failures to follow doctor recommendations can call your claim into question. Make sure you understand your limitations and follow them.

Your Conduct Has Been Called Into Question

There are some actions you can take at work that can prevent you from receiving a workers’ compensation claim. You wouldn’t be eligible for workers’ comp if you were working while under the influence or if working under the influence contributed to the injury. 

In addition, if you were roughhousing or intentionally ignoring your workplace safety policies, it may be impossible to pursue your workers’ compensation claim. 

Get Help Today

Struggling with your New York workers’ compensation claim? Don’t try to go it alone. 

Contact us to schedule a free consultation. We’re here to help.

See also:

What is the Difference Between Temporary and Permanent Disability in a NY Workers’ Comp Case?

How Can I Prove My Injury Happened at My New York Workplace?

Steps to Take After Getting Injured On the Job in New York