While this is how the process should work, it’s not always the case. Workers’ compensation insurers scrutinize the injured party more than care about the person’s actual injuries. They look for any opportunity to deny a claim and save themselves money. If the cause of your work-related injury is traced to another source or argued that it’s not that serious, your claim can be denied.
A workers’ comp denial can be devastating for any employee already suffering from an injury, not to mention the financial burdens of time off from work. It is important for New Jersey workers who were injured on the job to know their rights when faced with a workers’ comp denial.
Taking Your Denial to Court
Denied claims for workers’ compensation are not uncommon in the Garden State. In order to receive benefits for your work injury, you need to notify your employer in a relatively quick manner and prove that the injury occurred on the job.
Quickly notifying your employer about your injury can go a long way to reducing suspicions that you are reporting an injury that did not occur in the workplace. Even if you promptly told your employer about your injury, there are other reasons that a claim may be denied:
- Your employer’s insurer might think your injury occurred because of a recreational activity
- Your injury was the direct result of misconduct
- Your injury was a preexisting condition unrelated to your employment
If you are denied workers’ compensation based on these reasons, you must appeal the denial in order to prove you are eligible for benefits.
Appealing Your Denial
There are two options available for those looking to appeal their employer’s insurer for denying workers’ compensation benefits. We recommend having the help on an experienced workers’ comp attorney on your side, like Attorney Anthony Carbone, to ensure you receive the benefits you rightfully deserve.
Your first option is to have your attorney file a formal claim with the New Jersey Division of Workers’ Compensation. You only have two years to file your claim after your injury. Within the first six months of filing your claim, you will have a hearing to determine your eligibility for benefits.
If you opt against this choice, you can have your attorney request a hearing with a judge in the Division of Workers’ Compensation (DWC). This option is a little more informal and is typically used to resolve smaller matters related to your workers’ comp claim.
If you are facing a denial of your claim for workers’ compensation benefits in New Jersey, you are likely facing many other different types of challenges related to your injury. At the Law Offices of Anthony Carbone, we understand the stress you are under and will work with you to make sure you get the compensation you deserve. Contact us today at 201-762-8956 to schedule a free consultation.