Most workers in Bloomfield and the surrounding area enjoy protection under workers’ compensation policies. In fact, New Jersey law requires all employers with any number of workers to obtain these policies, which go into effect as soon as you start a job. Still, this does not automatically mean you will receive compensation after an on-the-job incident. An employer or their insurance company may argue that your injury does not fall under the terms of the insurance policy. They may also allege that your injuries are not sufficiently serious to merit payment.
A Bloomfield workers’ compensation lawyer can help you take the necessary steps toward filing a claim or appealing a denial. Let our trusted team of personal injury attorneys represent your interests during settlement talks and present persuasive arguments before the Division of Workers’ Compensation. Call our firm today to begin reviewing the details of your situation.
Reasons Why a Workers’ Compensation Claim May Be Denied
Workers’ compensation in New Jersey operates on a no-fault model. This means that a worker may claim benefits even if it was their own actions that led to an injury. However, there are limits to this concept. An insurance company may deny payments if it believes that an injury was the result of inappropriate antics. Allegations that an injury occurred while a worker was intoxicated or under the influence of drugs may also be a justification for a denied claim.
Another common reason for a workers’ compensation denial is alleging that the injury did not result from a person doing their job. This is especially relevant when a workers’ compensation claim centers around a disease. Insurance companies can argue that an injury occurred while a person was off the clock or even while walking to their car after the end of a shift. A Bloomfield workers’ compensation attorney can help identify the reason for denying benefits and work to obtain evidence that rebuts these allegations.
Taking the Lead in Appealing Workers’ Compensation Denials
Receiving a denial on a workers’ compensation claim does not mean that an employee needs to accept this outcome. In fact, every worker has the right to appeal this denial.
The Department of Labor and Workforce Development oversees the appeals process. To initiate an appeal, an employee has two options. They may seek an informal hearing where the judge attempts to bring the parties to a negotiated settlement. Workers may also directly request a formal hearing where the judge will hear their case, accept evidence, and issue a full ruling. Even if a person first opts for an informal session, they still have the option of seeking out a full hearing if the time to do so has not expired.
New Jersey Revised Statutes § 34:15-51 states that all people requesting a formal hearing must do so within two years of receiving a denial of a claim. A workers’ compensation attorney in Bloomfield is prepared to represent the interests of ill or injured employees every step of the way and ensure time constraints and other legal requirements are met.
Contact a Bloomfield Workers’ Compensation Attorney Today
Every New Jersey employee deserves compensation when a workplace injury or illness impacts their ability to earn a living. This can include payments for the cost of medical care, temporary disability compensation, and payments for any total disability. Sadly, insurance companies and employers may refuse to issue these benefits. If they do, you have the right to dispute this denial.
A Bloomfield workers’ compensation lawyer is ready to help you get your life back on track. Reach out to Fredson Statmore Bitterman, LLC now to learn more.