Thousands of people are injured at work or suffer an occupational illness every year in New Jersey. No one wants to get hurt at work but it’s even more distressing if your employer denies your workers’ compensation claim. In this blog post, we’ll review 5 reasons an employer could deny workers’ compensation claims and options for getting the compensation you deserve.
1. Pre-Existing Conditions or Injuries
Most employers turn their employees’ workers’ compensation claims over to an insurance company. These insurance companies are in the business of mitigating damages and compensation paid out. It’s not uncommon for an insurance company to claim that a pre-existing condition or injury caused or partially caused your current condition. An experienced New Jersey workers compensation lawyer may be able to present evidence that shows this is not the case, negotiate with the insurance company and seek fair compensation.
2. Your Injury Did Not Happen at Work
New Jersey’s coming and going rule states that workers compensation benefits are not available for employees who are injured in the process of commuting or coming to and from work. However, there are exceptions and gray areas to this. For instance, if you’re injured in your employer’s parking lot or injured in a car accident in the course of doing your job, you may be eligible for workers compensation benefits.
3. Missed Deadlines or Incomplete Paperwork
You have a relatively short window to notify your employer of a work-related injury or illness and start the claims process. Generally, the statute of limitations for filing a claim is 2 years from the date of the accident, though for most people, the claims process would start within 14 days of the incident. If your claim is denied because of deadlines or mistakes made in the filing, contact a New Jersey workers compensation attorney for help.
4. You Didn’t See an Approved Doctor
Under New Jersey workers compensation law, your employer can require that you see an insurance-approved doctor for your claim. They may require you to undergo an Independent Medical Exam (IME) and receive treatment from certain providers. Your workers compensation attorney can guide you on how to best handle your medical appointments without jeopardizing your claim.
5. Refusing Part-Time Work
If your doctor clears you for light duty or a partial return to work, your employer may offer you a part-time assignment. If you turn down the light duty work, your benefits may stop regardless. If you feel that your employer is retaliating against you for filing a claim, you should speak with a workers compensation lawyer about your options.
New Jersey Workers’ Compensation Benefits
The workers compensation system in New Jersey provides benefits for workers injured on the job or who develop an illness due to their occupation. These benefits include compensation for medical benefits as well as lost income to a certain point, if you cannot work due to a work-related injury or illness. Workers compensation benefits in New Jersey can be temporary or permanent, depending on the severity of the injury.
You have the right to file a claim for benefits after suffering a work-related injury; however, the process of actually going through the requirements for a workers comp claim in New Jersey can be challenging. An experienced workers comp attorney can handle your case and make sure you get the benefits you need to recover from your injury and get back to work.
Brandon J. Broderick, New Jersey Workers Compensation Lawyers
At Brandon J. Broderick, Attorney at Law, we are dedicated to assisting clients throughout New Jersey and New York with their workers’ compensation cases. We have years of experience, amazing results and the extensive resources you need to secure a fair case result.
If you’ve been injured or your claim has recently been denied, contact us immediately for a free consultation to understand your options.