Sustaining an injury on the job is stressful enough without having your workers’ compensation claim denied. When this happens, it is understandable to feel like you have no other options, but that is not the case. If you were injured on the job and your workers’ compensation claim was denied, there are steps you can take to appeal the decision.
What Does Workers’ Compensation Cover?
Worker’s compensation provides benefits to employees who were injured or developed a work-related illness on the job. Not only does workers’ compensation cover medical expenses, it also covers disability payments and death benefits to the family of a deceased employee. If an employer carries workers’ compensation insurance, an employee is limited to the benefits provided to them and cannot sue their employer for their injuries.
Why Would my Workers’ Compensation Claim be Denied?
A workers’ compensation claim may be denied for the following reasons:
- An employer is responsible for paying premiums whenever an employee files a workers’ compensation claim. The more employees who file workers’ compensation claims, the higher the premiums will be. An expensive injury claim may also increase the cost an employer has to pay.
- Your employer disputes the claim. Your employer may dispute the claim by arguing that the injury happened outside of work or that the injury was due to acting unprofessionally.
- You did not report your injury in time. Deadlines for when to report your injury to your supervisor varies. However, you typically need to report your injury within a few days.
- You did not file a claim by the deadline. Deadlines for filing an injury claim also vary from state to state, but you typically get between 30 to 90 days to file a workers’ compensation claim.
Filing an Appeal
If your claim was denied, the first thing you need to do is figure out why it was denied. After you figure out why your claim was denied, you have two options for resolving the dispute:
- File a formal claim dispute. The process of filing a formal claim dispute may vary from state to state. The formal claims process usually involves a hearing before an administrative law judge. Before filing a formal complaint, you will want to acquire an experienced workers’ compensation lawyer. You will also want to gather all relevant documentation, including medical records and time sheets proving you were on the job when the injury occurred.
- File an application for an informal hearing. An informal hearing is a good option for those who want to avoid a formal hearing in front of an administrative law judge. Informal hearings go before a workers’ compensation judge who does not make a formal decision, but instead makes suggestions. If an informal hearing does not solve the issue, you may proceed with filing a formal claim.
Cherry Hill Workers’ Compensation Lawyers at Pietras Saracino Smith & Meeks, LLP Represent Clients Injured on the Job
If you or someone you know was injured in a work-related accident or developed a work-related illness, you need a lawyer who can get you the compensation and peace of mind you deserve for your injuries. Contact a Cherry Hill workers’ compensation lawyer at Pietras Saracino Smith & Meeks, LLP. Our experienced lawyers will fight for your rights. For a free consultation, contact us online or call us at 856-761-3773 today. Located in Cherry Hill, New Jersey, we help workers throughout South Jersey, including the City of Camden.