Workers’ compensation covers on-the-job injuries and occupational illnesses suffered by employees. An injured worker can typically file a workers’ compensation claim whether or not the injury or illness was caused by employer negligence.
Workers’ compensation covers costs like medical bills, a portion of lost wages, and certain other needs. However, not all workers’ comp claims are accepted by workers’ compensation insurers. If you file a claim, you may find that it is denied – and you may wonder why.
Denial of NJ Workers’ Compensation Claims
When a workers’ comp insurer denies a claim, the insurer typically sends a letter explaining why the claim was denied. The most common reasons for denial of a claim include:
- The claim was not reported or filed on time. The window to report an injury or illness or to file a claim is typically very short. An injured employee may have only a few days to report a claim once they realize that they’ve been harmed on the job. The employer must inform their workers’ compensation insurer within a few days, too.
- The claim is excluded by law. Many state workers’ compensation laws exclude certain types of injuries, like stress-related conditions. In some situations, the type of harm you suffered may be covered but the insurer believes that the degree of harm you suffered does not amount to a claim. In other words: you weren’t hurt badly enough to get workers’ compensation.
- The employer disputes the claim. If your employer believes that the accident did not happen on the job or that your injury or illness was not the result of an accident that did occur on the job, they may dispute the claim. Gathering additional evidence to support your claim can help you prevail. Working with an experienced workers’ compensation lawyer can also help.
Injured on the Job in New Jersey? Contact an Experienced NJ Workers’ Compensation Attorney Today!
If you’re facing a denial of a workers’ compensation claim, an experienced attorney may be able to help you get the workers’ comp benefits you deserve.
At McHugh & Imbornone, P.A. our NJ workers’ compensation attorneys are dedicated to each client we serve. To learn more about how we can help you with your workplace accident claim, contact us today at 973-966-1520.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.