Denied a WC Claim by the State Insurance Fund of NY*?

Injuries at work are more than just painful. They can be financially ruinous if you are not privately insured for the sort of medical treatment you need. Provided your employer has been required to insure its employees for workers’ compensation you should be able to claim compensation for any genuine workplace related injury or illness.

This compensation pays the full medical expenses as well as the partial amount which may be forfeited if you are away from work for any length of time related to your treatment or recovery. The advice and legal help from an experienced workers’ comp. attorney may avoid a denial by the state compensation board when assessing your claim.

The State Insurance Fund of New York – Company Profile

If you work for a medium to large employer in New York State, it is a god chance that your employer has workers’ compensation cover arranged through the state’s largest specialist workers’ compensation insurer, the New York State Insurance Fund (NYSIF).

A full 46% of New York employers use this state government insurance carrier to protect its workers from the financial fallout of a workplace injury or illness and protect themselves from potentially more expensive private litigation by injured workers.

The NYSIF is required by state law to provide cover to employers at a substantially discounted premium, which probably explains its popularity.

Tips for Action After a Denied WC Claim

Denied by an employer's insurance company

  • Tip#1. First, make sure you understand why your claim is denied. The reason(s) will be outlined on the letter you get from the state workers’ compensation board.
  • Tip#2. Even if you are not sure whether you can appeal the decision, you should take your case to an attorney. The attorney may spot straight away an obvious mistake that can be easily rectified. Failing that, and assuming that you have submitted everything you needed to do on time, the attorney will probably advise you to make a formal appeal.
  • Tip#3. Make sure that you submit your appeal within the time period allocated. Not adhering to time periods and not submitting correct documentation are the most common reasons for denying a claim.
  • Tip#4. You will be advised when you are expected to appear for an administrative hearing. Before you attend, you should have made sure you have addressed any lack of paperwork. What paperwork you may need to obtain depends on the stated reason for the denial. You may find that your employer is reluctant to make it easy for you to obtain compensation fearing higher insurance premiums. The employer’s insurer may be reluctant to allow a claim unless the evidence that it the claim is justified is overwhelming.
  • Tip#5. Make sure you take with you t the hearing copies of all the original documentation and any new documents as well as witness statements that might help to support your case for a claim.

Consult with a Workers' Compensation Attorney

If your original workers’ compensation claim was denied, it may be because you did not get sufficient useful advice the first time around. It doesn’t make sense to make the same mistake twice.

An experienced workers’ comp. attorney will have helped many employees in the same position before and will be a valuable guide to helping you go through the complex appeals process.

*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against State Insurance Fund of NY, or any other company, you may not be entitled to any compensation.