Nearly all employers in New Jersey are required to have workers’ compensation insurance. This type of insurance is meant to protect employees who become injured on the job. When an employee sustains an injury in the workplace or while performing job duties, they can file a claim with their employer, who then sends the claim to their insurance company. The employer’s insurer will determine how much coverage you’re eligible for and inform you in a letter. However, there are some cases where injured employees don’t receive the compensation that they should be entitled to. The good news is that you can file an appeal if you’re unsatisfied with the workers’ compensation you receive after a work injury. Continue reading this blog to learn more about this topic, or reach out to one of our New Jersey Workers’ Compensation Lawyers who can provide individualized legal counseling.
CAN YOU APPEAL A WORKERS’ COMPENSATION AWARD IN NEW JERSEY?
After you file a workers’ compensation claim, there’s a chance that the award won’t be enough to cover your expenses. Your claim can be denied altogether. Fortunately, injured employees are allowed to file an appeal for their original worker’s compensation award. This basically means that their claim gets sent to an employment law court for a judge to make the final compensation decision. If you decide to appeal your award, you have two different options for this process. You can request an informal hearing in which a judge asks you questions and reviews your case on their own. You can also request a formal hearing, which can take longer since it involves litigation. In the formal hearing process, you and the workers’ comp insurer must argue your points using witnesses and evidence. In both options, the judge has the final say.
WHY MIGHT MY CLAIM BE DENIED?
Keep in mind that there could be various different lawful reasons that a workers’ compensation request can be denied in our state. How, why, and where the injury was sustained are all important in determining if the injury is eligible for workers’ compensation. But under the New Jersey Workers’ Compensation Act, you should be eligible for benefits as long as you were “in the scope of your employment” no matter how the injury happened. This means that injuries due to “horseplay” on the job could still earn compensation. Speak with a lawyer to find out if your injury is eligible.
Have you recently been injured while performing the regular duties of your job? If so, you might be seeking a dedicated personal injury attorney who can fight for your best interests. Look no further because our highly experienced law firm is on your side every step of the way! Contact Rubenstein, Berliner & Shinrod today for an initial consultation.