Will There Always Be a Workers’ Compensation Hearing?
New York City | Queens | Brooklyn | Bronx Workers’ Compensation Lawyers
So you have been injured in a workplace accident and you’ve prepared and filed a claim for workers’ compensation. Will you be required to attend a hearing before the Workers’ Compensation Board? If not, what is the purpose of a hearing and why are they scheduled?
As a general rule, if your claim is approved, there’s no need for a hearing. However, if there’s a dispute regarding how much should be paid, the Board may schedule a hearing to review average weekly wage and verify the benefits payment. In addition, if your initial application for benefits is approved, but there’s a later dispute regarding whether you are ready to return to work, the Board may call a hearing.
Of course, if your employer or the insurance company decides to challenge your claim, arguing that you weren’t hurt at work, that your injury did not include a specific body part, or that your injury doesn’t prevent you from working. The company doctor may conclude that your injuries are not sufficient to keep you from doing your job. These are all situations where the Board may require a hearing.
It’s extremely critical that you don’t attend a Workers’ Compensation Board hearing without legal counsel. Your employer will likely have attorneys present. In addition, the judge simply won’t have time to explain all the nuances of the law to you.
Why Does the New York Workers’ Compensation Board Schedule a Hearing?
Pyrros & Serres LLPQueens | NYC | Brooklyn | Bronx Workers’ Compensation Attorneys