If you are unable to work because of your injury, you’ll have to deal with pain from the injury, stress and lost wages. However, in New York, injured workers are able to file for workers’ compensation benefits by sending the Workers’ Compensation Board a claim form. Unfortunately, not every claim is accepted, or the conditions of the claim may have changed where an employee should have their benefits lowered or increased.
When this situation occurs, the Board may be assembled to listen to testimonies from claimants, insurance companies, and employers. However, the Board may decide that no further action will be taken on the claim. If a claimant feels that the claim should be revisited again for various reasons, their legal representation can file a RFA-1LC, or the Request for Formal Action by Legal Counsel form.
What is the RFA-1LC Form?
The RFA-1LC allows the claimant’s attorney to request that the Workers’ Compensation Board revisit your claim and make another determination in regards to your benefits. The form is completed by your legal representative and is sent directly to the Workers’ Compensation Board. Your employer’s insurance company will also receive a copy of the RFA-1LC. If the employer is a self-insurer, however, he/she will receive a copy of the form.
When Should the RFA-1LC Form Be Used?
Your attorney may be required to file the RFA-1LC form if:
- Compensation benefits have been reduced or suspended
- The benefits have never been paid
- You set a date for when compensation benefits should begin because of a worsened medical condition
- Your hours have been changed
- You have been released from incarceration
- A request to receive medical treatment has been denied
- You reach an outside settlement with your employer due to a workplace accident lawsuit
- You reach a stipulation with your employer
- An agreement has been reached and you need the Workers’ Compensation Board to provide a proposed conciliation decision
Should You Seek Out Further Legal Action on Your Claim?
Due to how stressful and complicated the claim process is to receive workers’ compensation benefits, many injured workers give up when trying to convince the Board that they deserve to be properly reimbursed for lost wages and medical treatments. They also aren’t sure how to seek further legal action. Some workers may even feel that their changing circumstances don’t qualify to have their claim revisited.
Remember that just because the Workers’ Compensation Board previously said they will not take action in regards to your compensation claim doesn’t mean that you can’t request further action. Call Paul Giannetti, Attorney at Law, today at (866) 868-2960 or complete the online form to receive a free consultation.