New Jersey is a no-fault workers’ compensation state, meaning there is no requirement to prove negligence to claim benefits. As long as the injury or illness is work-related, it should fit the criteria for a valid workers’ compensation claim. That does not necessarily mean a claim will receive easy approval if approved at all. Claimants may wish to consider hiring an attorney to handle the claim.
Retaining an attorney for a workers’ comp claim
Experience and knowledge factor into avoiding mistakes when processing paperwork for a workers’ compensation claim. An attorney who handles these claims and likely handled various types of cases and dealt with challenges. A claimant with no experience might make errors and fail to understand the requirements for approvals.
Some may go forward without assistance and receive a denial. A denial does not necessarily mean the process ends, as the claimant could appeal. Hiring an attorney to handle the appeal may overcome the issue that led to the initial denial.
Sometimes, denials are unfair. An employer may wrongly suggest the injury happened outside of work or resulted from a pre-existing, non-work-related injury. An attorney may provide counterevidence that overcomes the employer’s inaccurate claims.
Additional legal matters when filing for workers’ comp
Unexpected and serious legal issues could arise when filing for workers’ compensation. An employer might outright retaliate against an employee, creating another legal matter. Is someone slow-walking the workers’ compensation claim? That may be another matter requiring legal steps to address.
Concerns may arise about a workers’ comp claim on other benefits, such as social security disability insurance. And a third party’s negligence could have caused the injury, opening the potential to file a civil suit and collect workers’ compensation. Discussing these issues with an attorney might be appropriate.