When you get hurt on the job, your work injuries can result in major medical bills, and those need to be paid even if you’re too injured to keep working. You may be entitled to Workers’ Compensation benefits as soon as you are injured. Contact us right away so we can fight for what’s rightfully yours. Let us get started on getting you your New Jersey Workers’ Comp benefits as soon as possible. We’ve helped thousands of work injury victims in Paterson, Passaic, Newark, Jersey City, New Brunswick, Hackensack, Elizabeth and all over New Jersey get their paychecks rolling in again.
Don’t wait! Find an experienced New Jersey Workers’ Compensation attorney to oversee your case from start to finish. Make sure you have someone you can trust double-checking all paperwork, keeping everyone informed of your medical directives and making sure you get all the financial compensation the law allows.
What is Workers Compensation?
Workers compensation exists to support you if you’re injured on the job and can no longer do the necessary work. You’re generally eligible for workers compensation if you sustain an injury while on the job. In most cases, your employer will be on board with your claim since workers compensation also grants them immunity from being sued for your personal injury.
Potential problems occur when the employer doesn’t want to pay or, more commonly, the insurance company doesn’t want to pay. In that case, you’ll have to make an appeal to get the compensation you deserve.
Your claim can be denied for a variety of reasons. No insurance company ever really wants to pay anyone anything, so they’ll do everything they can to avoid granting your deserved compensation. One of the most common reasons for denial is missed deadlines. You must make your initial report directly after the injury and file an official claim within two years before the statute of limitations is up.
In some denials, the insurance company will argue that the injury isn’t work related. This usually involves asserting that you weren’t working at the time or were engaged in misconduct. This is why it’s so important to document the details of your accident including time and place as well as witnesses during your initial report.
Workers Compensation Benefits
In New Jersey, any employee injured on the job is eligible for:
- medical treatment to cover prescriptions and reasonable care
- temporary disability benefits to cover a work loss that lasts 5 consecutive days or more
- permanency awards for injuries resulting in permanent injuries
- death benefits for dependents in the case of death due to work-related injuries
Our workers’ compensation lawyers work every day on behalf of people in New Jersey who have been injured on the job or who have incurred occupational illnesses.
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Making Your Appeal
If your worker’s compensation claim is denied, you’ll have to go through the appeal process if you want to get the compensation you deserve. You’ll receive a letter detailing your denial which usually contains instructions on how to make an appeal, but it doesn’t exactly tell you what you should expect. Each state has different processes, so it’s important you understand the exact rules for New Jersey.
First, you’ll have the option to file an informal claim. These hearings are similar to what you might experience during the settlement of a lawsuit. A judge will look at the arguments from both sides as well as any evidence put forward. The judge will then make a recommendation on how the issue should be resolved, but it’s not legally binding. It’s up to you and the insurance company to agree.
Should you fail to come to an agreement after the informal hearing, you’ll have to file a formal claim. This hearing works a bit differently and is set up more like a trial where witness testimony and other evidence can be presented. In the end, a judge will issue a decision that is legally binding although both parties can still make additional appeals. New Jersey specifically doesn’t have any higher review levels available, so it goes straight to the Appellate Division of the Superior Court where the decision is final.
New Jersey Workers Compensation Lawyer
Navigating a workers compensation claim can be tough on your own which is why it’s so important to have an experienced workers compensation lawyer at your side. For unrivaled dedication and dependability, Peter Davis and Associates has got you covered.
We’ve been fighting for the rights of New Jersey victims since 1988 and have a long history of success. In fact, most of our cases settle out of court, so you can generally expect the legal process to go quickly allowing you to focus on recovery.
The Law Offices of Peter N. Davis and Associates are one of the premier personal injury law firms in New Jersey. Our staff has more than 60 years of combined law experience and specialize in areas such as auto accidents, trucking accidents, motorcycle accidents, workers’ compensation and premises liability. To schedule a consultation with one of our practicing attorneys, please give us a call at 973-279-7246 or complete our inquiry contact form.