What to Do if My Workers’ Compensation Claim has Been Denied?
No one wants to be injured on the job or exposed to substances that can cause illness. However, working men and women often suffer such harm in an effort to put food on the table and pay the bills. This is exactly why New Jersey law requires all businesses to provide workers’ compensation insurance. Without such laws on the books, our state’s workers may not be able to stay financially healthy after a work-related injury or illness sustains them.
There is a possibility that your workers compensation claim will be denied. The appeals process after such a denial can cause great confusion and frustration. Hire the right attorney and you’ll have the hope you need to stay positive and look forward to a brighter future.
Why was the claim rejected?
The rejection notice must state specifically why the claim was not approved. Common reasons for rejection include, but are not limited to, the following:
– Do not notify the employer of the injury within two weeks of the incident
– The injury was caused by the employee’s misconduct and is not covered by him
– The employer’s insurance company insists that the injury or illness is not related to work duties and is therefore not entitled to compensation.
Once you have a deep understanding of the detailed reasons for the claim denial, it’s time to begin the appeals process.
Filing an appeal
Those who have been denied compensation for a work-related injury or illness have the right to appeal to obtain the necessary compensation or other financial support. The State of New Jersey allows workers to pursue a claim that requires an informal hearing or to file a lawsuit.
Informal hearings in the state of New Jersey are conducted by a compensation judge. This judge will ultimately issue a judgment that is not legally binding. A judge’s determination of eligibility for workers’ compensation benefits or the amount of compensation to be earned are only suggestions. The next step is for the employer’s insurer to meet with the plaintiff’s attorney to work out a settlement. However, if no such agreement is reached, the applicant has the legal right to apply for an interview.
Formal complaint
Those who choose to file a claim through the Division of Workers’ Compensation are required to do so within two years of the incident or illness occurring. The appeal continues with a hearing before a judge. This hearing is usually held within six months of the application being made. Most formal appeals end out of court at this point in the process. However, there is a possibility that the case will eventually go to formal court if an agreement cannot be reached.
The attorneys at Schibell LLC are here for you
If you are injured or sick due to your responsibilities at work, you may not be able to pay the bills and support your family. This is no time to be independent. Contact our New Jersey workers compensation attorneys to help you through this difficult time in your life. We will help you get the compensation you need and deserve under New Jersey law. Call 732-774-1000 to schedule an initial consultation with our attorneys.
In need of legal assistance? Contact Schibell Law Today.
Richard N. Schibell, Esq.
is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.
Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.
Contact Schibell Law LLC Today!
HOWELL TOWNSHIP
3459 Route 9 North
Howell, New Jersey 07731
Telephone: 732-774-1000
Fax: 732-663-0133