What can You Do if Your Workers’ Compensation Claim is Denied?

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What can You Do if Your Workers’ Compensation Claim is Denied?

 

The Bureau of Labor Statistics (BLS) indicates that there were nearly three million people injured in workplace accidents during 2014. In order to ensure that people who sustain on-the-job injuries receive medical treatment and have their basic financial needs met, New Jersey has adopted a workers’ compensation program that provides workers with benefits on a no-fault basis. This means that workers do not need to establish that their accident was caused by anyone else’s negligence in order to obtain benefits – in fact, it does not matter if the accident was caused by the injured employees themselves.

While this may sound like obtaining benefits is relatively simple, in reality, there are many cases in which injured employees experience significant difficulty in getting the benefits to which they are legally entitled. This is largely due to the fact that employers and the insurance companies that provide employers with workers’ compensation insurance are financially incentivized to deny claims – particularly the largest ones. This often means that the most injured workers are the ones who have to fight hardest to get their benefits. Fortunately, there is help available.

Contacting an Attorney is the First Step to take after a Claim Denial

lawyer meeting with clients

Ideally, injured workers should speak with a lawyer as soon as possible after an accident and before making a claim. In some cases, the fact that an attorney is involved in the case is enough to prevent insurers from denying a valid claim, as they know that doing so will simply be a waste of time and money. In the event that your claim has already been denied, it is essential to speak with a lawyer as soon as possible. People who have their workers’ compensation claims denied can file a claim with the Division of Workers’ Compensation, which results in a hearing or trial at which a judge will make a determination as to the validity of the claim. If the judge denies the claim at this stage, the injured workers may then appeal that decision to the Appellate Division. There are many ways an attorney can assist in the claims process, including the following:

  • Ensure that all paperwork is complete, accurate, and filed within the appropriate period of time
  • Gather evidence in support of your case
  • Represent you in any court hearing that may occur
  • File an appeal in the Appellate Division of the Superior Court should your initial claim be denied by the Division of Workers’ Compensation
  • Negotiate a settlement arrangement with your employer or your employer’s insurance company

Call the Wilton Law Firm Today to Speak with an Experienced New Jersey Workers’ Compensation Attorney.

If you have been hurt in a workplace accident or developed a medical condition that you believe may be related to your work environment, you should speak with an attorney immediately. Retaining an attorney prior to filing a claim will ensure that your claim goes as smoothly as possible and that you receive the benefits to which you are entitled as soon as possible.

To schedule a free consultation with one of our New Jersey workers’ compensation attorneys, call Wilton Legal today at 732-852-7231 or send us an email through our online contact form.

workers compensation claim guide