BlogWorkers Compensation

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.

Workers Compensation

Bergen County Attorneys Fight Third-Party Lawsuits for Workplace Accidents

Pain and suffering compensation when negligence is the cause
At the Law Offices of Richard S. Greenberg, we want our clients to recover the maximum amount of compensation possible for their injuries. For on-the-job accidents, New Jersey’s workers’ compensation law entitles injured workers to have their medical bills paid and to receive a portion of their lost income. But this works out to a net loss for the worker.

Personal injury law is intended to make the victim whole, so it should place you in the position you’d enjoy if you were never injured by ordering compensation for your total economic losses and your pain and suffering. However, workers’ compensation protects employers and co-workers from personal injury lawsuits, even if their negligence caused a worker’s injury. Your only opportunity to recover personal injury damages is if a third party was responsible for your injury.

Third-party lawsuits in New Jersey for work-related accidents
Several workplace accident scenarios support a third-party lawsuit against a negligent person or entity that caused your injury:

Construction accidents — Several subcontractors may be working on different aspects of a project under separate agreements with one general contractor. If a subcontractor or its employee acts negligently and injures the employee of another subcontractor, there is no employer or co-worker relationship to bar a personal injury lawsuit.
Defective industrial equipment — When workers sustain injuries due to a defect in manufacturing equipment or power tools, they can initiate a products liability claim against the equipment manufacturer.
Traffic accidents — Delivery drivers and salespeople are on the job when they are in their vehicles. If a negligent driver injures them, they can receive workers’ comp benefits, but they also have grounds for a lawsuit, as would any driver injured by a careless motorist.
Bergen County attorneys deliver results in third-party lawsuits for work-related injuries
The attorneys at the Law Offices of Richard S. Greenberg can determine whether you have grounds for a third-party lawsuit and aggressively protect your interests. Easily accessible by bus or New Jersey Transit, our office is just 1 mile north of the George Washington Bridge, Exit 1 off the Palisades Parkway.

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Have You Been Involved in an Auto Accident in Northern New Jersey?

Bergen County lawyers help you through auto accident claims for serious injuries
An auto accident can cause you severe, life-changing injuries that may require costly medical treatment and extensive time away from work. To make sure your injuries do not also result in financial disaster, you must obtain full compensation for your losses.

At the Law Offices of Richard S. Greenberg, our Bergen County lawyers have the extensive experience, knowledge and skills to secure full compensation. We guide you through every step of your accident case to make sure you do not say the wrong thing to an insurer or miss important evidence or filing deadlines for your lawsuit. With our experience and dedication to client satisfaction, we take a large amount of the stress and worry out of your situation and help you get the results you deserve.

What are common causes of car crashes in New Jersey?
The National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System (FARS) found that in 2011, 29,757 auto accidents resulted in fatalities. Thirty-one of New Jersey’s 627 traffic fatalities occurred in Bergen County. More than 190 of the New Jersey fatalities were related to alcohol consumption. While drunk driving is a common cause of accidents, many other factors may contribute to a crash, including:

Driver negligence
Manufacturing defects in the vehicle or auto parts, including seat belts, air bags and tires
Poor vehicle crashworthiness
Dangerous road conditions or road design
Reckless and negligent driving commonly cause accidents and may include all types of wrongful behavior, such as:

Speeding
Driving too fast for road or weather conditions
Drinking or drug use
Distracted driving, including:
rubbernecking
chatting with passengers
changing the radio
Texting or using a cell phone while driving
Driver fatigue
Unsafe lane changes or turns
Failure to stop or yield
Failure to obey the rules of the road or road signs

Have you suffered serious injuries in an auto accident?
When an auto accident occurs, whether it’s a single car crash or multicar pileup, the results are often devastating. Auto and motorcycle accidents are the leading cause of spinal injuries, responsible for more than 40 percent of new spinal cord injuries each year. Motor vehicle accidents are also the second most common cause of head injuries, responsible for more than 17 percent of all serious traumatic brain injuries. If you have been seriously injured in a motor vehicle accident, our lawyers guide you through this difficult, painful time to help you get compensation for immediate medical treatment, long-term care and other losses.

How do you determine fault in an accident?
In most cases, to collect on a personal injury claim arising from a car accident in New Jersey, you must prove the person who caused the injury was negligent and did not exercise reasonable care, and that this negligence caused your injuries. New Jersey law also allows victims to collect damages even if you were partly negligent as long as the other person was more negligent than you.