My Workers’ Compensation Claim Was Denied, Now What?
Workers’ compensation is required of all employers that have one or more employees in the state of New Jersey. Even a minor injury can result in missing work, leaving you in financial distress. If you have been injured on the job or have experienced an occupational illness, workers’ compensation insurance will replace a certain percentage of lost wages and cover all reasonable medical costs.
While the circumstances behind your injury or illness may seem straightforward, you may still receive a denial from insurance. Given that you have no obligation to prove fault in a New Jersey workers’ comp claim, never assume that an initial claim denial means that you are ineligible for benefits. If you have recently experienced a denied or disputed claim, you should speak with a Cherry Hill workers’ compensation attorney at The Law Offices of Matarazzo & Lubcher, P.C.
Common Reasons Workers’ Comp Claims are Denied in Cherry Hill
A person who suffers a workplace injury or occupational illness may be eligible to receive benefits after seven days of missing work. Even missing a few days of work can bear a financial burden on your family, making it more dire to receive compensation.
Common reasons for a claim being denied in Cherry Hill include:
- Insufficient evidence: Failing to submit medical records, evaluation notes, and other documentation can result in insurance denying your claim.
- Claim discrepancies: Any conflicting information between your report and witness statements could result in a claim denial or delay.
- Pre-existing condition: While a pre-existing condition does not equate to an automatic denial, you must show that the workplace accident aggravated the pre-existing condition.
- Failing to adhere to deadlines: New Jersey law requires employees to report any workplace injuries within 14 days, although formal notice is not required if your employer or supervisor saw the accident occur. However, you must report your accident within 90 days to preserve your right to make a claim.
- Your injury or illness is not work-related: If you cannot prove that the injury did not occur in the course of your employment or that the illness was not caused by occupational factors, there may be a delay in processing your claim, or you may receive a claim denial.
- Delay in seeking treatment: It is important to seek medical treatment immediately to document the severity and extent of your injuries. By waiting, it will be more difficult to prove that your injuries are work-related.
- Lack of witnesses: By not having any witnesses to corroborate your story, you risk having your claim delayed or denied.
Appealing a Workers’ Compensation Claim Denial
As an employee, you sacrifice a lot for your job. The least that your employer can do for you is provide you fair compensation in the event of a workplace injury or illness caused by your workplace environment. If you are denied benefits, our Cherry Hill workers’ compensation lawyers will guide you through the process of filing an appeal. In New Jersey, you have two options for disputing a worker’s comp claim, either through filing a formal claim petition or by filing an application for an informal hearing. In filing a formal claim petition, your case will be heard before a judge of compensation. If benefits cannot be agreed upon, then your case will proceed to trial.
Alternatively, if you file an application for an informal hearing, lost wages and medical benefits will be addressed in front of a judge of compensation. The judge’s decision is not final, with the employee or the insurance company retaining the option to pursue a formal claim petition. No matter which path you pursue, our legal team will guide you through the process to fight for the benefits that you deserve.
Workplace Accident or Illness? Contact Our Cherry Hill Workers’ Compensation Attorneys Today
If you have been injured or have fallen ill in the scope of your employment, our legal team is ready to go to work for you. When you retain the services of the Cherry Hill workers’ compensation lawyer at The Law Offices of Matarazzo & Lubcher, P.C., you can rest assured that affording you compensation will be our top priority. If you are ready to see how reputation, trust, and results can benefit you, contact us online or give us a call at (856) 460-5805 to arrange your free consultation.