The Workers' Compensation Claim Appeals Process | Gielowski, Federice & Caligiuri, LLP

Injured workers have numerous rights as they seek workers’ compensation, as any experienced lawyer will tell you. According to New York laws, one of those rights is the right to appeal any decision that the workers’ compensation office reaches at the end of the process.

So, if a judge has ruled against your claim to workers’ compensation, consider the following:

Board Review

You need to file an appeal within 30 days of the judge’s decision. The appeal should be a written statement clearly expressing what you believe the judge got wrong in the case, as well as supporting evidence of your claim. A group of board members will determine if your submitted appeal is compelling enough to require a review of the initial decision.

If a review is warranted, the panel of board members will take another look at the original ruling and then choose to affirm the judge’s decision, modify it, or reverse it entirely. It’s also possible that the board will send the case back to the judge for further consideration.

Full Board Review

If you disagree with the board’s decision and the decision wasn’t unanimous among the three board members, you can take yet another step by requesting a full board review. Just as before, you have 30 days to submit this appeal.

Appellate Division

After the full board review, if you’re still unsatisfied with the ruling, you can take your fight for workers’ compensation even further. You can appeal the decision to the Appellate Division, Third Department, of the Supreme Court of the State of New York, which could result in a panel of five judges reviewing the case.

While the appeals process can be lengthy and legally complicated, it can be worth it to receive the full compensation you deserve. A reliable workers’ comp lawyer can help you through each step, increasing your odds of eventually finding a satisfactory end to the process.