Appealing a Denied Workers' Comp Claim in New York
The deadline to challenge a denied workers' comp claim in New York, where to file, and the steps from hearing to appeal.
Short answer: A party may apply to the Workers' Compensation Board for review of a workers' compensation law judge's award or decision within 30 days after notice of its filing. N.Y. Workers' Comp. Law § 23
| Deadline to challenge a denial | A party may apply to the Workers' Compensation Board for review of a workers' compensation law judge's award or decision within 30 days after notice of its filing. A Board decision may be appealed to the Appellate Division, Third Department, within 30 days after notice of the Board's decision is served on the parties. The deadline for first filing a claim (e.g., § 28) was not read for this entry. Source: N.Y. Workers' Comp. Law § 23 |
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| Appealing a denial | A party has 30 days from the filing of a Workers' Compensation Law Judge's decision (or a final administrative decision) to request administrative review by the Board; the other side then has 30 days to file a rebuttal, and a three-member Board panel issues a memorandum of decision. Within 30 days of that decision, a party may request full Board review. Panel decisions, denials of full Board review and full Board decisions may be appealed to the Appellate Division, Third Department. A final proposed conciliation decision cannot be appealed. The Board's employer-responsibilities page states the time to appeal to the Appellate Division is 30 days. |
| Deadline to file a claim | File an Employee Claim (Form C-3) with the Workers' Compensation Board as soon as possible. It must be filed within two years of the accident, or for an occupational disease, within two years after the worker knew or should have known the condition was caused by the job. Death claims must be filed within two years of the worker's death. |
Where to get help in New York
More New York workers' compensation
- Filing a Workers' Comp Claim in New York
- How Much Workers' Comp Pays in New York
- Workers' Comp Settlements in New York
- Retaliation for Filing Workers' Comp in New York
- Suing Over a Work Injury in New York
- All New York workers' compensation rules
FAQ
How long do you have to appeal a denied workers' comp claim in New York?
A party may apply to the Workers' Compensation Board for review of a workers' compensation law judge's award or decision within 30 days after notice of its filing. A Board decision may be appealed to the Appellate Division, Third Department, within 30 days after notice of the Board's decision is served on the parties.
How do you appeal a denied workers' comp claim in New York?
A party has 30 days from the filing of a Workers' Compensation Law Judge's decision (or a final administrative decision) to request administrative review by the Board; the other side then has 30 days to file a rebuttal, and a three-member Board panel issues a memorandum of decision. Within 30 days of that decision, a party may request full Board review. Panel decisions, denials of full Board review and full Board decisions may be appealed to the Appellate Division, Third Department. A final proposed conciliation decision cannot be appealed.
What is the deadline to file a workers' comp claim in New York?
File an Employee Claim (Form C-3) with the Workers' Compensation Board as soon as possible. It must be filed within two years of the accident, or for an occupational disease, within two years after the worker knew or should have known the condition was caused by the job. Death claims must be filed within two years of the worker's death.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.