My employer refuses to pay workers compensation benefits for my work-related injury. What is my next step?
In New York, the vast majority of workers’ compensation claims are voluntarily paid by employers. When an employer disputes a claim, the Workers’ Compensation Board (WCB) has the power to conduct an investigation and the authority to decide whether the claim is valid. Either the employer or the claimant may request an evidentiary hearing on the matter before a workers’ compensation referee and both parties have the right to representation by attorneys at the hearing. The law provides mechanisms for further agency review of the initial decision by the WCB or its chair and eventually for review within the state court system.
