Workers Compensation Board Appeals
It is mandatory for all New York employers to have Workers’ Compensation insurance, except if an exception applies (e.g., self-employed individuals with no employees; subcontractors do not have to have WCB coverage). This no-fault insurance protects employers from being sued and ensures injured workers are fairly compensated for injuries sustained at work.
At C. Cadogan & Associates, we help injured workers and their families understand and navigate the complex workers’ compensation appeal process. For instance, when a claim is denied, we can help translate the whys of the denial and assist you with filing an appeal and attending the hearing before the Administrative Law Judge (ALJ). If you disagree with how much you are being paid by WCB, we can help you to submit proof of your earnings to ensure you are getting the right rate. Additionally, we can help ensure that return-to-work plans are fair and comply with your medical restrictions. For serious injuries, we can help with WCB decisions about permanent impairment payments.
Claim or Benefit Dispute or Denials
If you disagree with a decision regarding your workers’ compensation benefits, you may have the right to request a review or appeal. You can dispute any aspect of your claim, including wage-loss payments, medical treatment, return-to-work plans, permanent impairment benefits, or a reduction or ending of benefits.
At C. Cadogan & Associates, we help injured workers understand the decision, identify what evidence may be needed, and prepare a clear response to help them resolve their WCB claim.
Hearing Preparation
To successfully challenge your WCB claim, it's important that you properly prepare for your hearing. We help you prepare by reviewing the disputed issue, understanding what the Workers’ Compensation Law Judge may need to decide, organizing medical records and wage information, and preparing clear testimony. We help clients understand what to expect, identify gaps in their evidence, and present their position clearly and respectfully.
Return-to-Work Issues
As an injured worker, you may have many questions and some anxiety about returning to work, especially if your injury hasn’t resolved. Questions such as “Who decides whether I can return to work?” “What if I cannot do my regular job?” “What evidence matters in a return-to-work dispute?”, “What if the insurance carrier says I can work, but my doctor disagrees?” deserves an appropriate answer.
We are here to help you understand return-to-work decisions and ultimately to help you safely return to work.