Workers’ Comp Claim Denied?
Middlesex County Workers’ Comp Lawyer and NJ Trial Team Appeals Benefit Denials
For anyone who has sustained an injury at work, workers’ compensation is a godsend. It covers your medical expenses and lost wages while you recover. However, the insurance company could deny your claim. If it does, how do you cover your medical expenses and lost wages? What are your best options?
A workers’ compensation claim denial is not the end of the line. After an insurance company denies your workers’ comp claim or provides reduced benefits, there is a narrow window where you may file an appeal. Since 1928, each workers’ compensation lawyer at our firm has fought on behalf of workers in and around Middlesex County NJ hurt on the job whose claims for workers’ comp benefits received wrongful denials. By working to ensure work injury claims receive fair consideration and compensation awards, we have helped hundreds of clients and their families recover after workplace accidents.
My Workers’ Comp Claim Was Denied. What Now?
The first thing you need to do after you receive a workers’ comp claim denial is breathe. Take a moment to organize your thoughts. Understand that a denial of benefits happens a lot – most companies would rather not spend the money on your workers’ comp claim, meaning you may need to jump through a few hoops to gain the benefits you deserve.
Take a moment to organize all the paperwork and information you have on the matter, including:
- A copy of the initial injury report you submitted
- Receipts and summaries for any medical visits
Knowing what documentation you need to have after a workplace injury is important. Try to gather all relevant information to prove your injury, its causes and other evidence needed to prove you claim. We believe the best way to fight a workers’ compensation claim denial is to avoid one.
Why Were My Workers’ Compensation Benefits Denied?
If your workers’ compensation claim was denied, you may be confused as to why. There are many reasons why an employer or its insurance company might deny your claim. The most common reasons for a denied workers’ comp claim are:
- The claim was not filed or reported within the two year statutory time period
- Improper filing procedure
- Not enough evidence
- No witnesses to the injury
- Willful misconduct
- The claim was filed after employment termination or lay off
- Discrepancies between the report and medical records
Some of these reasons can be refuted by evidence and documentation provided. The other reasons are founded on disputes concerning the legitimacy of the on the job injuries and their causes.
Our Middlesex NJ Workers’ Comp Lawyer Will Help You Appeal a Denied Claim and Move Forward
Appealing a NJ workers’ compensation denial is a little more complicated than simply submitting a form. You can expect board hearings and possibly court appearances before you receive a favorable decision. Depending on which legal avenue you pursue, it could take several months to receive medical and temporary total, permanent partial or permanent total benefits.
It is important to bear in mind if you plan to file an appeal, you must do so within the allotted deadlines or else you will not receive the compensation to which you are entitled. An appeal can be a complicated and emotionally taxing process, so it is best to contact a workplace injury lawyer immediately after a claim denial for help.
Sometimes, an appeal may not be your only option. For example, should you file a claim for an informal hearing with a Judge of Compensation, or should you file a formal claim with the New Jersey Division of Workers’ Compensation?
Our Middlesex County workers’ comp lawyer knows New Jersey workers’ compensation law inside and out. Trust us – this is not a road to walk down alone. One missed deadline or improperly filed form can ruin your whole case. Call a lawyer to help you decide the best course of action. Each claim and denial reason is unique, so contact our New Jersey workers’ comp lawyer for a review of your specific case.
Call a Middlesex County Workers’ Compensation Attorney Today
Time is of the essence in workers’ compensation cases, especially if you require urgent medical attention and the bills are piling up. Call the Spevack Law Firm today at (732) 636-3030 for a free workers’ compensation consultation. A denied claim is not the end of the road – our New Jersey workers’ compensation lawyers can help you get the benefits you deserve.
The Spevack Law Firm provides all the help you need, and it will not cost you a dime out-of-pocket. We work on contingency – that means no legal fees unless you win.