Evesham Township Workers’ Compensation LawyerRequest a Free Consultation
Most able-bodied people must work to provide for their needs and those of their family. However, workplace injuries are common and may cause an employee to lose wages. Fortunately, state laws mandate almost every employer to carry a workers’ compensation insurance policy.
These policies can provide medical treatment, temporary income in case of an accident, and even settlement payments if an injury is so severe that it prevents an employee from returning to his or her job. However, it is essential to remember that workers’ compensation is a business and that insurance companies will vehemently try to deny a claim.
A dedicated personal injury attorney may be able to assist if you have met resistance in obtaining workers’ compensation benefits. A diligent Evesham Township workers’ compensation lawyer could help you analyze the reason for your denial, gather evidence to support your claim, and pursue an appeal using available legal recourse.
The Purpose and Function of Workers’ Compensation
State law requires almost all Evesham Township employers to provide workers’ compensation insurance protections to their workers. This covers employees regardless of whether they are full- or part-time or how long they have been employed. A few rare exceptions apply to dock workers, railroad workers, and federal employees.
A workers’ compensation insurance policy provides advantages to both workers and employers. A worker may file a claim for benefits after sustaining an injury during working hours, regardless of who may have caused it. On the other hand, maintaining a workers’ compensation insurance policy shields an employer from any liability that may result from a workplace injury.
To initiate a claim, an injured worker must notify his or her boss of the incident. He or she may then request immediate medical care from a doctor selected by his or her employer. Additionally, New Jersey Revised Statute §34:15-14 provides that an injured employee must miss seven days of work before he or she may claim any benefits other than medical treatment. A worker who cannot meet this standard could be denied by an insurance company for lack of severity.
A failure to meet these criteria is a leading case of workers’ compensation insurance denials. A steadfast Evesham Township workers’ compensation attorney could provide insight into insurance requirements and processes involved in obtaining benefits.
Steps to Take After a Denial
Insurance companies may deny a claim for workers’ compensation benefits for many reasons, such as failing to notify a supervisor of an incident in a timely manner, an injury’s lack of severity, failing to follow up with medical treatment, and an injury’s lack of work-connection. Regardless of the reason for a denial, all workers have the right to request an appeal through the Department of Labor and Workforce Development (DLWD).
An injured employee may request an informal hearing before a judge of compensation. These are non-binding sessions where both an employee and the insurance company can discuss the case with a judge serving as an arbitrator. These sessions often lead disputing parties to a settlement which avoids formal litigation.
However, an injured worker can also request a formal hearing before the DLWD at any time. These sessions may entail pretrial hearings, exchange of discovery, and a full trial before a judge. A judge’s finding after a formal session is legally binding, but both sides retain a right to appeal to the Superior Court.
Furthermore, there is generally a strict time limit of two years following the onset of an injury or the receipt of final payment, whichever is later, for an injured employee to file a claim. A skilled workers’ compensation lawyer in Evesham Township could help you choose and pursue an appeal path that is right for you.
Consult an Evesham Township Workers’ Compensation Attorney Today
Disputes over workers’ compensation can be very complex. While state law requires most employers to obtain an insurance policy, whether it applies to a given situation which resulted in an injury is a common point of contention during litigation. Insurance companies make a profit by denying claims whenever possible, which may result in a benefits package that does not fit your needs or a complete denial of any payment.
No matter the justification for a denial, all workers retain the right to appeal. An Evesham Township workers’ compensation lawyer may be able to help you with any step of this process. He or she can work to gather the evidence needed to prove your case in accordance with the stated reason for your denial. Call today to discuss your legal options with a professional.