Why Are So Many Legitimate, First-Time Workers Compensation Claims Denied?


Workers compensation is a no fault insurance program that provides benefits to workers who suffer job-related injuries or illnesses. Benefits include compensation for medical expenses, lost wages due to disabilities and permanent disability benefits.

But when large payouts are at stake, insurance carriers or self-insured employers may try to reduce or deny the amount they must pay in worker benefits to contain their losses. According to the New Jersey Department of Labor and Workforce Development, the top disputed issues include:

  • Whether the infirmity is work-related
  • The extent of the injury
  • The type or amount of medical treatment required
  • Amount or duration of disability benefits

Fortunately, the workers compensation program spells out steps to take if your employer and/or the insurance company deny your claim which commences on filing a formal claim. This formal claim must be filed within two years of the date of the injury or the last benefits payment.

While legal representation is not required, it is advantageous to secure the best New Jersey workers comp attorney you can find. Build the strongest possible case by doing the following:

  • Attend all hearings
  • Comply with doctor orders
  • Gather medical and financial reports
  • Request copies of accident reports and your personnel file
  • Let your attorney handle all communication with the insurance company

Your attorney can file a workers comp lawsuit if necessary. Attorney fees are covered by the settlement, so you do not have to pay anything up-front or if the legal action is unsuccessful.

Posted in Workers Compensation

Tagged , , ,

Topics:  Disability, Employee Benefits, Workplace Injury

Published In: Labor & Employment Updates, Worker’s Compensation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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