The majority of employees in New Jersey are covered by workers’ compensation insurance, which ensures that employees are financially compensated if they sustain an injury in the workplace or while performing work duties. However, there are some cases where injured workers don’t receive enough workers’ compensation benefits for their medical bills or are even rejected from receiving any coverage at all. If either of these scenarios has happened to you, you might wonder whether you can appeal your workers’ comp award in our state. Keep reading to learn more about this topic, or reach out to a Morris County Workers’ Compensation Attorney who can provide individualized legal counseling.
New Jersey workers’ compensation laws allow employees who are injured to challenge denied claims, insufficient funds, or disputes regarding the need for medical treatment or disability benefits. Appeals proceed through the New Jersey Division of Workers’ Compensation and, in some cases, may proceed to the Appellate Division of the Superior Court of New Jersey.
In many New Jersey workers’ compensation appeals, disputes often surround whether or not an injury was work-related, if additional medical care is needed, and whether the injured worker is entitled to greater benefits than what was awarded.
Workers’ compensation benefits can often include:
New Jersey workers’ compensation claims can be denied for a variety of reasons, like disputes involving the cause of the injury or procedural filing issues.
Yes, you are allowed to submit an appeal for a workers’ comp award in Morris County, Essex County, Hudson County, and the surrounding areas if your original claim is denied by your employer’s insurance company.
Keep in mind that you must notify your employer of the injury within 90 days of the date that you sustained your work-related injury. After reporting your injury, your employer’s insurer will contact you regarding whether or not your claim is approved or denied. In the event of a denial, be sure to carefully read the stated reason, as this is often a central matter in your appeal.
Injured workers in New Jersey may be able to appeal a workers’ compensation decision, including:
What Are the Workers’ Compensation Appeal Options in New Jersey?
New Jersey offers multiple avenues for injured workers to challenge and appeal a denied or disputed workers’ compensation claim award. This option that works best ultimately depends on the complexity of the dispute and the collected evidence.
In an informal hearing, a judge will review your case outside of a courtroom. It’s not like a regular trial; the judge might ask you questions about your case, but there are no official witness testimonies or such.
On the other hand, filing a formal claim petition would result in an official trial in which your employer’s insurer and you argue the claim in front of a judge using evidence. During a formal hearing:
In the event a worker disagrees with the decision issued in a formal workers’ compensation case, the matter may be appealed to the Appellate Division of the Superior Court of New Jersey.
Have you recently been injured on the job in New Jersey? If so, you might be seeking a dedicated personal injury attorney with Lutz Injury Law who can fight for your best interests. Look no further because our highly experienced legal team is on your side every step of the way! Contact Lutz Injury Law today for an initial consultation.
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