An on-the-job injury causes not only pain and suffering, but often a long and difficult battle for workers’ compensation. This battle becomes especially difficult when an employer disputes the worker’s claim, or, when after a complicated process of filing claims and seeking compensation, employers and insurers deny the workers’ compensation claim.
A disputed or denied workers’ compensation claim in New Jersey is not a dead end. There are ways to fight a dispute or appeal a denied claim. The best way to proceed in handling a dispute or a denied workers’ compensation claim is to work with a skilled attorney who has experience with these types of cases.
New Jersey workers’ compensation
New Jersey state law requires all New Jersey employers not covered by federal insurance programs to provide workers’ compensation insurance for their employees or to be approved for self-insurance. Workers’ compensation provides medical benefits, as well as temporary and permanent total and partial disability benefits. If there is a dispute, the law allows for both informal and formal dispute resolution through a claims process.
Disputes and denied claims
Employers may dispute a workers’ compensation claim, but this does not mean the employee should give up. As mentioned above, there are informal and formal ways to proceed in a dispute. A qualified workers’ compensation attorney in New Jersey can help you file the claim and assist you at the hearing. This can be a distinct advantage for you in obtaining medical and temporary benefits.
An attorney can also help appeal a denied claim. The first thing you need to establish is the exact reason why your claim was denied. In some circumstances, the denial is a result of lack of eligibility for claiming damages. Other reasons for denials include time deadlines, lack of receiving medical treatment for the injury, or an injury that is difficult or impossible to prove. Since reasons for claim denials can be subtle and require additional evidence and investigations, it is best to turn to a workers’ compensation attorney to build your appeal.