If a worker is injured while on the job or at the work site, they may be eligible for compensation. All New Jersey employers must acquire Worker’s Compensation insurance or be an approved self-insured provider. When an individual sustains an injury at work, they must report it to their supervisors, who in turn must inform their insurance carrier. The employee must file a claim within 2-years of the last date of authorized treatment, or the last date that the Worker’s Compensation carrier provides authorized treatment. The workers’ compensation insurance will review the case. An injured worker is entitled to temporary disability for when they are out of work, reasonable and necessary treatment for related conditions, and an award of permanency benefits.
One way to appeal a denied workers’ compensation claim is to request a formal hearing. In order to do so, you will need to file a Claim Petition application with the Division of Workers’ Compensation. A Motion for Medical and Temporary benefits can be listed within 30-days of filing. An emergent motion for treatment could be listed within a week.
A formal hearing echoes trial proceedings. During the hearing, both parties will present evidence about the injury and the claims. It is important to obtain legal representation for such matters, since the process can be complicated. You should also enlist witnesses to testify on your behalf, including examining doctors, co-workers, and family members.
Once both sides have presented their cases, the judge will issue a written decision. If the judge rules in your favor, they can add specific decisions regarding treatment, temporary disability, and permanency.
At Levinson Axelrod, Attorneys at Law, we understand how painful and frustrating a work injury can be. We believe you should be able to seek compensation to not only cover the medical costs of the damage but also to minimize the stress that comes from the inability to work. If your workers’ compensation claim was denied, you can appeal. In some cases, you employer’s insurance company might want to settle your case before the formal hearing. It is important to have experienced attorneys on your side who can review your case and make sure you receive the appropriate compensation you are owed.
If you or a loved one was injured during a work accident, do not hesitate to call our New Jersey workers’ compensation attorneys. We offer free case evaluations so we can better know your situation. We work hard on your behalf. Call today at to schedule an appointment today!