Appealing a Workers Comp Denial in NJ

Experienced attorneys help injured workers fight insurance companies
At the Law Offices of Richard S. Greenberg, we counsel injured workers throughout every step of the workers’ compensation process. When the system works as designed, workers simply report their accident to their employers and the employer begins its claim process with its insurance company. As soon as the insurer verifies the claim, it begins paying benefits. Unfortunately, the system does not always work smoothly; employers may negligently or deliberately fail to contact the insurer, or the insurer may deny a legitimate claim for numerous reasons. When workers hit obstacles in the workers’ comp process, our firm is here to help, with compassionate, knowledgeable and dedicated legal service.

Understanding your choices after an insurer denies your workers’ comp claim
Not every benefit dispute involves a complete denial of workers’ comp benefits. Disputed issues include:

Amounts of temporary benefits
Medical treatment options
Permanency of benefits
Under New Jersey workers’ compensation law, a worker with a benefits dispute can appeal to the Division of Workers’ Compensation in two ways:

Application for an informal hearing
Formal claim petition
The informal claim process is similar to mediation, where a judge of compensation helps the parties resolve their differences without formal litigation. The judge makes suggestions for a resolution, but does not issue a binding ruling. Parties are free to file a formal claim petition if they are not happy with the informal results.

A formal claim with the Division of Workers’ Compensation amounts to a trial on the merits, with a period of discovery during which attorneys depose witnesses and assemble evidence. Many claims settle during this pretrial stage. In cases that advance to trial, judges of compensation have the authority to:

Award benefits
Require medical examinations
Require treatment services for injured workers
Approve and fix attorneys’ fees
Assess penalties
The judge’s rulings are biding; parties can only appeal to the Appellate Division of the Superior Court.

A two-year statute of limitations applies in workers’ compensation cases, starting from the date of the workplace accident or the day the worker becomes aware that a condition is work related. Workers must file a formal claim petition within that period or lose their right of appeal. It’s important to note that the two-year period is not suspended during the informal hearing.

Let our experienced workers’ comp attorneys manage your claims and appeals
If you’ve been denied benefits for your workplace injury, act now to protect your rights. The Law Offices of Richard S. Greenberg manages claims and appeals for injured workers in Bergen County and throughout northern New Jersey.


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