Has Your NJ Workers' Compensation Claim Been Denied?
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Dealing with the aftermath of a debilitating workplace injury can be very difficult, especially if you have had your workers' compensation claim denied. With no financial assistance, you are probably wondering how you will pay for medical bills, rent, and other necessities. Remember that you always have the right to appeal the denial. The Division of Workers' Compensation in New Jersey provides two options for appeals: you may demand a formal hearing through a Claim Petition, or you may request an informal hearing by filing an Application for an Informal Hearing.
The workers' compensation appeals process is hard to fully grasp without the knowledge only some legal professionals possess. Since your future well-being is at stake, you should not forego consulting with an experienced New Jersey workers' compensation attorney. Contact Lependorf & Silverstein, P.C. today to get a comprehensive evaluation of your case and legal options. Our exceptional legal team can carry you throughout every stage of the appeals process and help you present a strong case so you can get the benefits you need and deserve. Call us today at (609) 240-0040 to learn more.
In New Jersey, you only have two years from the date of your injury or the date your employment was terminated (whichever came later) to file a Claim Petition or Application for an Informal Hearing. If you've been stricken with an occupational disease, you have two years from the date you learned your illness is connected to your workplace to file an appeals.
If you would prefer to have your case addressed in an efficient and more informal manner, you should request an informal hearing. Complete and submit an Application for an Informal Hearing to the Division of Workers' Compensation. You will receive a written notice of the date of your hearing. A judge in your area will preside over your case.
During proceedings, the judge will review your medical records and benefits you may already have received, ask you questions about your physical condition and consequent limitations, and have a brief discussion with the insurance claims representative for their opinion. Based upon the provided information, the judge will recommend a settlement amount. You will have the option of accepting or rejecting the recommendation, which is not considered a judicial decision. If you are unsatisfied with the judge's decision, you may have better luck with a formal hearing.
If you wish to request a formal hearing, file a Claim Petition form with the Division of Workers' Compensation. Once your form is submitted, a "judge of compensation" in your county's workers' comp office will be assigned to your case. If you were working out-of-state, your case will be conducted in the county where your employer is located.
Formal hearing cases normally take much longer to process than informal hearings. Whereas informal hearings are initiated within weeks, the first formal hearing is usually scheduled six months from the date the Claim Petition form is filed.
The proceedings of a formal hearing are carried out much like a trial. Both parties may present relevant evidence and witness testimonies. Your goal is to show that you sustained an injury and that your injury was connected to your workplace.
The judge will issue a written decision after all evidence has been presented. If, for some reason, the judge denies your appeal, you may take your case up to the state courts of New Jersey in the Appellate Division of the Superior Court.
At Lependorf & Silverstein, P.C., we understand how emotionally draining a denied workers' compensation claim can be on top of the physical challenges and financial stresses that serious injuries have the potential to create. That is why we work tirelessly and aggressively to make sure that our clients' rights as work injury victims are protected at all times. For a free consultation of your New Jersey workers' compensation claim, please call us at (609) 240-0040 today.
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