Steps to take if a workers’ compensation claim is denied

| Oct 13, 2020 | Workers' Compensation

People in New Jersey generally try to protect themselves from being injured. It is not fun when people suffer injuries as not only do they cause pain, they can also prevent people from doing many activities they are used to doing. They can also be very costly. Medical bills can add up very quickly and if people are unable to work, they will be losing income as well. Depending on where the injury occurred though or who was at fault for causing the accident, people may be able to receive compensation for the damages though.

If the injury occurred at work people may be entitled to workers’ compensation benefits. These benefits can pay for any medical expenses incurred by the worker as well as pay a portion of their income while they are unable to work. These benefits are also required by law for most injuries suffered at work regardless of whether the employer was responsible for causing the injury or not. However, there are still disputes that arise regarding the severity of the injury and other factors. So, sometimes a workers’ compensation claim is denied initially.

Process for filing an appeal

An initial denial does not mean that the worker will not receive these benefits though. Workers can file a claim with the Division of Workers’ Compensation. This can be an informal claim which essentially gives the parties input from a judge of compensation which can be used to help resolve the matter, but it is not a binding process.

Injured workers also have the option of filing a formal claim. If they choose this process they will eventually have a trial if the two sides cannot resolve it. At the trial both sides will present evidence and a judge will make a binding decision regarding whether the worker is entitled to benefits or the duration the worker will receive them.

Unfortunately, many workers are injured on the job each year in New Jersey. These workers can suffer significant injuries which keep them out of work for a lengthy period of time. That is why workers’ compensation benefits are so important. Experienced attorneys understand the process for filing a workers’ compensation claim and may be able to guide one through the process.

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