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Process for workers' compensation hearings and appeals

Everyone in New York will get hurt at some point in time in their lives. When this occurs it will affect people's lives. It could be very minor and simply require putting a band aid on it or having a minor irritation when doing certain activities. On the other end of the spectrum, injuries can completely change people's lives and they may never be the same again, permanently prohibiting from doing certain things or using certain body parts. In between these two extremes the severity can vary greatly.

One of the activities that people may not be able to do while injured is their job. This can be very devastating for people because, as their medical bills mount, they are not working in order to receive income to pay for the bills. Victims of accidents may be entitled to compensation though depending on how and where the accident occurred. If the accident and injury occurred while the person was working they may be entitled to workers' compensation benefits.

This is compensation paid by the employer or their insurance company and pays for a portion of the workers' income while they are unable to work and their medical bills. This can be very valuable, but before they receive it, they will need to prove the severity of their injury and their inability to work. If the employer and worker disagree on the severity, they will have a hearing in front of a workers' compensation law judge. That judge will issue an order based on the evidence provided at the hearing.

If either side disagrees with this decision, they have 30 days to file an appeal which would be reviewed by a three person panel. The panel will issue a decision and could uphold it, overturn it or send it back to the judge for additional findings. If a party disagrees with the decision after appeal, they can further appeal it, potentially up to the supreme court in New York.

Unfortunately many people in New York are injured on the job each year. These injured workers may be entitled to compensation, but they may have to prove their case and maybe even appeal the initial decision. This can be a complicated process and experienced attorneys may be able to guide one through it.

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