How Do I Appeal a Denied Workers’ Compensation Claim?
When you’re injured on the job, you expect that your employer will cover all of your costs related to the injury. Unfortunately, this is not always the case. While New Jersey requires each business to carry workers’ compensation insurance, there are many reasons why your compensation claim could be denied.
Reasons Your New Jersey Workers’ Compensation Claim Was Denied
These are just a few of the most common reasons why your workers’ compensation claim might have been denied:
- Your claim was missing important details
- Your claim was missing documents that are required
- Workers’ compensation claims that the injury did not occur at work
- Workers’ compensation claims that your injuries were not significant enough
Understanding why your workers’ compensation claim was denied is the first step you will take when filing an appeal. Reach out to your workers’ compensation representative to learn why your claim was denied. Find out if you were missing documents or medical records, so you can be prepared to appeal.
If you were missing documents, it is possible that they will let you file them without an official appeal. However, in most cases, you will need to file an appeal with the New Jersey Division of Workers’ Compensation.
Steps to Appeal Your Workers’ Compensation Claim
If you feel that your workers’ compensation claim was wrongly denied, then you will want to take these steps to file an appeal:
- Reach out to a workers’ compensation lawyer
- Determine the reason you were denied
- File a formal appeal
- If the judge still denies your compensation claim, you might then file a writ of review
The first time you appeal, your claim will go in front of an administrative law judge. This process is less formal and the judge will determine whether or not to approve your claim. If they deny your claim and you are still unsatisfied with the ruling, you can appeal the Workers’ Compensation Court of appeal. During this appeal, they will evaluate the previous ruling.
Importance of Timelines When Appealing
New Jersey has many rules regarding timelines and when you must complete each step of the workers’ compensation claims process. For example, you have only 14 days to report your injury to your employer. Then, you have just two years from the date of the injury to file a claim for workers’ compensation.
There are also important time limits to follow during the appeals process. You have just 25 days from the date of the decision to file an appeal. Missing these due dates can lead to a denial.
How a Workers’ Compensation Lawyer Can Help With Your Appeals
It is not always clear why your claim was denied or what extra documentation you can include to better support your case. Working with a workers’ compensation lawyer can help you build a stronger claim. Your lawyer can also help you navigate strict timelines and ensure that you do not lose out on benefits by missing a due date. It is important to note that many workers’ compensation claims are denied because of a lack of medical documentation. Your lawyer can help with gathering all needed medical documents and ensuring that your case is ready to file.
Contact a Hamilton Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey Workers’ Compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the Workers’ Comp benefits you deserve. That is why you should speak with a knowledgeable Workers’ Compensation lawyer about your situation and get guidance throughout the claims process. The experienced Workers’ Compensation attorneys at Brown Law represent clients in Egg Harbor, Atlantic City, Galloway Township, Hamilton, and all across New Jersey. Call (609) 344-8270 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 3123 Atlantic Avenue, Suite 201, Atlantic City, NJ 08041.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.