Appealing your New Jersey workers’ comp denial

On Behalf of | Jul 13, 2017 | Blog

When you go to work in the morning, you do not expect to leave on a stretcher in the afternoon. You expect your workplace to be safe, so you do not spend a lot of time thinking about what will happen if you suffer a work-related injury. Your boss has workers’ compensation insurance, so if anything does happen, you should receive benefits.

What if you do not receive the compensation you deserve? What if your employer or the insurer denies your claim? Do you know what to do if your workers’ compensation claim is denied? The appeals process can sometimes be very complicated and difficult, however, with the right evidence, you may be able to win your appeal. Read further to find out more about the workers’ compensation dispute resolution process in New Jersey.

Reasons for a denial

In some cases, the insurer may deny a claim because you did not notify your employer or file the claim within the proper timeframe. If you have suffered a workplace injury, be sure you know the correct process and time limits for moving forward with a benefits claim. In other instances, employers may reject claims using the argument that the employee was engaging in prohibited workplace behavior when the accident occurred. And, sometimes, workers receive a denial due to a simple administrative error. Before filing a formal appeal, speak with your employer and the insurer to find out the reasons why they denied your claim and possibly clear up any misunderstandings.

Filing a formal petition

If you, your employer and the insurer cannot resolve the dispute, you can file a formal petition with the Division of Workers’ Compensation in New Jersey. If you are worried that your boss might retaliate against you for filing the petition, keep in mind that state and federal laws are in place to protect you. During the formal appeals process, you may have to attend a hearing and present evidence of your injuries, including testimony from co-workers that witness the accident.

While you are going through the appeals process, you might be able to receive benefits from the state’s Temporary Disability Insurance. As a resident of New Jersey, you can apply to such a program so that you can receive lost wage compensation during the time you cannot work. You may be eligible to receive up to two-thirds of your average weekly salary.

If you have suffered an injury due to a work-related accident, you might be entitled to workers’ compensation benefits. Take the time to find out more about workers’ compensation laws in New Jersey so that you file your claim correctly and within the specified time limits.

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