Dealing With the New York State Workers’ Compensation Board
An experienced work injury lawyer can help you move your claim forward.
When you’re injured at work in New York, the New York State Workers’ Compensation Board (NYS WCB) plays a critical role in your recovery from your injuries. The WCB is a state agency tasked with administering the workers’ compensation system. Decisions made by the Board can have a significant impact on your medical and financial future, so you need to understand what they do and why they do it.
Fortunately, you don’t have to deal with the Board on your own. An experienced workers’ compensation attorney can help you every step of the way.
The role of the Board in workers’ compensation claims
As the overall administrator of the system, the Workers’ Compensation Board sets the rules and parameters that affect workers’ compensation insurance and claims in New York. In particular, the Board authorizes certain medical professionals to treat injured workers. (You can search for authorized physicians on the Board website.) The NYS WCB also authorizes “independent” medical examiners who the insurance companies can hire to conduct examinations of injured workers.
When a worker is injured on the job, the Board oversees every aspect of the process, including:
- Processing the initial claim for workers’ compensation benefits (Form C-3).
- Overseeing treatment progress via the Doctor’s Progress Report (Form C-4.2).
- Helping injured workers return to work via vocational rehabilitation counselors (VRC) and social workers.
Perhaps most importantly, the Board is heavily involved in the process of adjudicating and resolving disputed workers’ compensation claims. The Board employs workers’ compensation judges who conduct hearings to resolve disputes and denials of claims. If you disagree with a judge’s decision, you can appeal that decision to the Board itself with an Application for Board Review (Form RB-89).
Moreover, if you want to settle your workers’ compensation claim, either through a stipulation agreement (Form C-300.5) or a Section 32 settlement (Form C-32), then the settlement must be approved by a workers’ compensation judge employed by the Board.
Why you need a workers’ compensation attorney
The workers’ compensation process in New York is complex, and strict deadlines and legal requirements must be met to the Board’s satisfaction to move your claim forward. The insurance companies and their lawyers deal with the Workers’ Compensation Board every day; they know how the system works and how to use it to their advantage. That’s why it’s so important to have your own attorney who understands how to make the system work for you.
If you’ve been hurt at work in New York, get experienced legal representation on your side. We work on a contingency basis, which means you don’t pay us up front or out of pocket; we only get paid if we win your case. Talk to a dedicated work injury lawyer who knows how to deal with the Board on your behalf. Schedule your free consultation with Pasternack Tilker - Workers Law today.