If you are injured on the job in New Jersey, you can pursue benefits to pay your medical expenses, as well as a portion of your lost wages through workers’ compensation. However, many injured workers find the application process stressful and complicated. It is common for workers to have their claim denied because of mistakes they made during the application process or because their employer does not believe that the injury was work related.
If you are one of the many New Jersey workers who have been denied workers’ compensation benefits, you need to know that you have legal options to appeal such denials.
Sometimes, denials are based on simple errors in the application process. So, it is important to review the relevant paperwork (claims applications) to see if any minor mistakes were made that can be easily addressed. In addition, you may want to ensure that the workers’ compensation insurance carrier which is denying your claim, has been provided with copies of all of your medical records and reports relating to the work related injury and accident. Often, addressing these two issues results in the appeal being granted and benefits afforded.
In other cases, claims are denied because there is a disagreement regarding who was responsible for the accident. There are also often disputes regarding how you were injured, the severity of injuries, and whether your injuries were work related. It is possible to appeal denials based on these disputes as well by utilizing legal counsel to prepare and present your case, which may include the testimony of witnesses and further medical opinions.