Your Employer is Disputing Your Work Injury. What Happens Now?

Posted November 15th, 2016 by .

Categories: Workers Compensation.

workers compensation denied anthony carboneIt seems inconceivable.  You are a hard-working person and were hurt on the job.  Yet, your employer is denying your work injury.  So much for feeling like a valuable employee.  What happens now?

There are many reasons that business owners deny workers’ compensation claims.  For some, it’s just that they don’t understand how workers’ comp insurance works.  Others may decide that you faked your injury.  Some may say you were clowning around on the job.  Maybe there is a question as to whether or not you were in the scope of your employment when the accident occurred.

Just because your employer disputes your work injury doesn’t mean you don’t have a claim.  Learn how an experienced workers’ compensation attorney can assist you in receiving the benefits due to you.

Workers’ Compensation Benefits for Disputed Claims

We’ve suggested a few reasons that workers’ compensation claims can be denied.  There’s even the possibility that your employer does not have workers’ compensation insurance in place.  We’ve written about this before.  Fortunately, New Jersey does have a special fund for these purposes.  It’s good to know that there is a source of benefits in such cases.

If you’ve been seriously injured at work, it can be frustrating when your claim is denied.  After all, once medical providers find out your injuries are work related, they won’t accept your health insurance.  The State of New Jersey won’t pay disability benefits for on the job injuries.  That is, without the filing of certain legal documents.  So, what’s the process for disputing a denied workers’ compensation claim?  We’ll outline the steps for you:

  1. Always submit a report of the accident to your supervisor and/or your company’s Human Resources Department.
  2. Ask for contact information for the workers’ compensation insurance carrier.
  3. Do not agree to meet with claim investigators until you have consulted legal advice.
  4. If the claim is denied, ask for written notification regarding refusal of your claim.
  5. Speak with an experienced workers’ compensation attorney, who will act on your behalf to do the following:
    • Contact your employer
    • Communicate with the workers’ compensation carrier
  6. Set up an investigative interview if it is deemed acceptable
  7. Follow a Claim Petition with the court and appropriate motions so that you are afforded both medical treatment and temporary disability benefits
  8. Correspond with interim medical providers regarding your disputed claim
  9. Provide evidence to New Jersey State Disability that you have filed paperwork with the Division of Workers’ Compensation.

Contact Us

Any type of work-related injury can be stressful.  It’s understandably worse when a claim for workers’ compensation benefits is denied.  At the Law Offices of Anthony Carbone, we can provide you with legal advice in pursuit of your claim.  Contact us to schedule an appointment regarding your case.

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