When an injury happens at work, it can be a challenging and confusing experience. You must seek medical care and treatment if you are dealing with pain and diminished mobility. You may miss work, which means lost wages, and you will have to work through the Workers’ Compensation process. If your claim has been denied, it can be especially frustrating, but the denial of a Workers’ Compensation claim is not the last word, and you have the right to challenge that decision.
Two Appeal Options
If your Workers’ Compensation claim has been denied, there are two routes you can take to obtain a more favorable decision: an informal hearing or a formal hearing. Both are like trials, and with the help of a Workers’ Compensation lawyer, they can deal both types of appeals.
Informal Claim
An informal claim does not involve formal litigation. It is scheduled within a few weeks of your application. This type of hearing is like a mediation or a conference, with a Workers’ Compensation judge asking questions to both sides, and referring to medical records and documents. Although the judge will make a recommendation on how to resolve your case, it is not binding to either side. If you cannot agree with the insurance company on a settlement, you can then file a formal claim.
Formal Claim
A formal claim is the second step if there was no agreement with your informal claim, but you may also choose to start at this step. Either way, your claim petition must be filed within two years of either your injury or the last compensation payment you received. A hearing will usually be held within six months. This type of hearing is like a trial, and involves evidence and testimony from witnesses under oath. You will need to prove why your claim denial was wrong, and why you should receive benefits. The judge’s decision will be binding on both sides, but again either side can appeal the decision to the New Jersey Appellate Division of the Superior Court by the filing deadline in the judge’s order.
Our Workers Compensation Attorneys Help Clients Deal With Denied Claims in New Jersey
If you have been denied your Workers’ Compensation claim, that does not have to be the end of the road. We will build a strong case for your claim, and we will work tirelessly to fight for your rights. You may also be entitled to third-party claims. To learn more, call our Workers’ Compensation attorneys at Pietras Saracino Smith & Meeks LLP at 856-761-3773 or contact us online for a free consultation. Our office is centrally located in Cherry Hill, New Jersey, and we serve clients from the surrounding areas.
