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What to do if your Workers’ Compensation Benefits are Denied

denied workers compIf you have been injured at work, you may be entitled to a variety of benefits through your employer’s workers’ compensation insurance, including paid medical treatment, temporary disability and more. Unfortunately, many employers and insurance carriers improperly deny claims by injured workers, or make it difficult for workers to gain access to these benefits.

Understanding the available benefits and seeking the guidance of a knowledgeable and experienced New Jersey workers’ compensation attorney can be extremely valuable in these situations. This article discusses what you can do if you are injured at work and you are denied workers’ compensation benefits. You owe it to yourself and your family to secure the benefits you deserve.

The Denial

Once your employer has notified their workers’ compensation insurance carrier of your injury, they usually inform you whether your claim is approved or denied. If your claim is denied, the employer or insurance carrier should provide a reason for the denial. It is always a good idea to request that they provide this in writing.

Legal Representation

If you receive a denial letter, you should contact an experienced workers’ compensation lawyer to review the facts and circumstances surrounding your work injury. In some cases, a lawyer can resolve the issue with a phone call, request a second opinion, calculate the correct rate of temporary disability, etc. It could be something as simple as missing paperwork, or maybe not. A lawyer can review your claim and explain your rights and options. And if a denial of benefits was improper, a lawyer can take your case to court and seek the benefits you deserve.

Claim Petition

A workers’ compensation claim petition is like a complaint in a superior court personal injury lawsuit. A lawyer can prepare and file a claim petition on your behalf. Formal claim petitions must be filed within two years of the date of the injury or the date of last payment of compensation, whichever is later.

Motion for Medical and Temporary Disability Benefits

When benefits are improperly denied, a lawyer can file a motion for medical and temporary disability benefits with the State Division of Workers’ Compensation. These motions get the case in front of a judge quickly, and can secure benefits for injured workers when they were improperly denied.

Trial of Your Claim

While most workers’ compensation cases conclude by way of settlement, a lawyer can be instrumental in trying a case in court. Sometimes cases do not settle, for a variety of reasons. When this happens, the case must go to trial. A lawyer can retain the appropriate expert witnesses to support your claim, call and examine all necessary fact witnesses, and give you the best chance for success at trial.

Appealing a New Jersey Division of Workers’ Compensation Decision

Trial is not always the end of the road. After trial, a judge’s decision can be appealed by either side. Appeals of workers’ compensation decisions are filed with the Appellate Division of the NJ Superior Court. This is a complex process where a lawyer’s assistance can be instrumental.

Get the Help You Need for Your New Jersey Workers’ Compensation Claim

If you’re struggling with finances because your work injury prohibits you from returning to your job, and you need medical treatment for injuries, call The Reinartz Law Firm for a free consultation. Contact our New Jersey Workers’ Compensation Attorneys today to discuss your claim.