What to do when your workers’ compensation is denied

Posted March 16th, 2015 by .

Categories: Personal Injury, Workers Compensation.

workers-compensation-claim-deniedAfter being hurt on the job, you followed all the right procedures to submit your workers’ compensation claim on time. You provided your hospital records and gave a detailed explanation of what had happened prior to and during your accident. You even took photos at the scene. Yet, your claim is still denied. How can this happen still happen?

Surprisingly even following every rule you could still lose your workers’ compensation claim. There are various reasons why this can happen. The most common reasons are:

  • You missed the deadline. Like all personal injury cases, there is a time limit of when to file for your workers’ compensation. In New Jersey, you have to file your workers’ compensation claim within two years of the date of injury. It may seem like a long time to file a claim, but you would be surprised how many miss this deadline.
  • Your employer is disputing the claim. There could be many reasons for this. He/she may think this accident didn’t happen on the job. Or maybe the injury was not caused by the accident. Employers and insurance companies will try anything to prevent paying your claim.
  • Your injury is not severe enough for a workers’ compensation claim. For instance, you injured your knees while slipping and falling on the carpet in the office. Although you had to seek medical attention, you may not have to have surgery. The insurance company may see this as a way to not pay your claim.

So what should your next steps should be? The first thing you should do is contact the Law Offices of Anthony Carbone. For more than 26 years, our personal injury lawyer has helped hundred with their workers’ compensation claim. After contacting us, this is what will happen next:

  • We will attempt to contact your employer or workers’ compensation insurance company to discuss why you were denied. Sometimes it can be just missing the proper paperwork.
  • Once we find out what the reason is for the denial, we will then proceed with an appeal.
  • At the appeal hearing, you will be required to present all the medial information and any evidence to support your claim.

Remember to keep an eye on time limits, this is important. And remember, before you submit any claim, consult an experienced workers’ compensation lawyer to make sure a denial is not in your future. If you have issues with a workers’ compensation claim, contact the Law Offices of Anthony Carbone today for a free consultation.

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