New Jersey Workers' Compensation Lawyer Presented by Daniel Santarsiero, Esq. of the Law Offices of Jonathan F. Marshall
New Jersey Workers' Compensation Lawyer Presented by Daniel Santarsiero, Esq. of the Law Offices of Jonathan F. Marshall

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How to obtain workers’ compensation if employer denies it

| Sep 21, 2020 | Denial of Claims

People work many different types of jobs in New Jersey. People may work in offices, in hospitals, construction, retail, hospitality, restaurants and many other types of jobs. These jobs have various types of physical demands and some have more inherent dangers than others. However, no matter what type of job people have they could suffer injuries while they are working.

When this occurs it can be very difficult on the victim. They could be forced to obtain medical treatment, go through rehabilitation and miss time at work. This means that people can incur significant medical bills and lose income as they are missing time at work. This can lead to financial difficulties in addition to the physical difficulties they suffer as a result of the injuries they suffered. People in this position may be entitled to workers’ compensation benefits which can at least ease the financial burdens.

Process for filing a workers’ compensation claim

When injuries occur at work, the worker needs to notify the employer about the injury who will submit a claim to the workers’ compensation insurance. This claim can be denied though. If this occurs injured workers still may be able obtain workers’ compensation though.

The injured worker can file a claim or request an informal hearing with the Division of Workers’ Compensation. If they choose to go through the informal process, they will present there evidence to an administrative judge who will offer suggestions to consider for settlement, but the decisions are not binding.

If they choose to file a formal complaint, a hearing will be held within six months and at the first hearing the two sides will see if they can reach a resolution. If no agreement is reached, a trial will be scheduled and both sides will need to present their medical evidence so a judge can decide whether to give the benefits, the duration and the amount of the workers’ compensation benefits.

Unfortunately, many people in New Jersey suffer injuries at work each year. These people can suffer both physical and financial difficulties as result. It is important that people receive the workers’ compensation benefits that they deserve in these situations. Experienced attorneys understand this process and may be able to guide one through it.