Workers’ Compensation Denial in Camden CountyRequest a Free Consultation
According to the New Jersey Department of Labor, an employee has a valid workers’ compensation claim if his or her injury occurred within the course and scope of his or her employment or while conducting any activity in furtherance of his or her employer’s interests. Workers’ comp claims must meet certain requirements as opposed to supply any sort of proof of an injury.
A workers’ compensation claim might be denied if the employer does not believe that the injury or accident happened. If there was an incident but no significant injury or disability, a business owner might deny responsibility for an employee’s benefits. Fortunately, a knowledgeable legal advocate from our firm could help an injured employee challenge a workers’ compensation denial in Camden County and obtain the benefits her or she is entitled to.
Reasons for a Denial
If an employee is injured outside the course and scope of his or her employment, his or her employer and insurance carrier will likely deny workers’ comp benefits. For instance, injuries sustained in a physical altercation between two employees while at work would not be compensable if the damages would have occurred during a personal dispute that had nothing to do with either party’s job duties.
Additionally, a person who suffers an injury while running a personal errand in Camden County during business hours might see his or her workers’ comp claim denied because the accident occurred while he or she was removed from the course and scope of employment. Each case is factually dependent on how, when, and where an injury happened before a decision regarding a claim’s validity can be made.
Misclassifying an Employee as an Independent Contractor
An employer might intentionally misclassify an employee as an independent contractor to avoid having to pay workers’ compensation benefits. Independent contractors are not covered under the Workmen’s Compensation Act and may not collect benefits for any worksite injuries.
An employer may designate a worker as an independent contractor in anticipation of him or her injuring themselves on the job and filing a workers’ comp claim. Regardless of an employer’s designation, the worker’s status might entitle him or her to certain benefits upon suffering a worksite disability.
Mistakes to Avoid after a Workers’ Compensation Denial in Camden County
It is crucial for an injured worker to comply with the treatment program set forth by authorized doctors. Insurance companies have the right to control an employee’s medical treatment, and they may issue a workers’ compensation denial in Camden County if their doctors determine that a certain medical procedure is unnecessary or no longer needed.
Steps to Take after a Denial
If an injured employee’s claim is denied, he or she should call a lawyer immediately to determine if the decision was justified and if there is anything he or she can do to overturn or challenge it. An experienced attorney could litigate a workers’ compensation denial in Camden County and file a petition to speak before a judge. Doing so would give a legal representative the opportunity to articulate the claimant’s needs in an effective manner.