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If you suffered an injury while working in Vineland, you may be able to recover your losses through the state’s workers’ compensation program. Workers’ compensation is available for employees who suffer from acute injuries or repetitive stress issues while on the job.
Employers may fight to avoid paying your damages, so let a dedicated personal injury attorney help you with the workers’ compensation claim process. A qualified Vineland workers’ compensation lawyer may be able to hold your employer accountable for denying your legitimate injury claim. En Español.
What Are the State Regulations for Employers?
Vineland courts adhere to state laws designed to compensate injured employees without overwhelming the court system with negligence claims. Workers’ compensation claims do not require an injured employee to prove that his or her boss was negligent. A successful workers’ compensation claim only requires you to prove that you were hurt while operating within the scope of your employment.
Most Vineland business owners are mandated by state law to carry workers’ compensation insurance, but there are limited exceptions primarily related to small businesses. A worker who is injured in Vineland can file a claim through his or her employer’s insurance to seek monetary benefits.
Unfortunately, a business owner may attempt to refute a valid injury claim in order to avoid an increase in his or her insurance deductible. However, a seasoned workers’ compensation lawyer in Vineland could help you secure benefits from your boss.
How Can a Denied Workers’ Comp Claim be Appealed?
If your claim for compensation is denied by your employer, you may request an appeal through the state’s Division of Workers’ Compensation via a formal hearing or an informal hearing. Discussing your options with an experienced Vineland workers’ compensation attorney may help you choose an appellate path that works best for your needs.
An injured worker can obtain an informal hearing for his or her denied injury claim by submitting an Application for an Informal Hearing to the Division of Workers’ Compensation.
The Division would assign an informal hearing to a workers’ compensation judge. The court would then set a hearing date and notify involved parties of when to attend. In some cases, a hearing date may be pushed back to allow one party or another to investigate the claim further.
The hearing itself is similar to nonbinding arbitration. While a judge would issue a recommendation in favor of one party or another, either side has the right to object to the outcome. Upon rejection, either party may request a formal hearing.
Informal hearings conclude much faster than formal hearings and provide an opportunity for both sides to discuss settlement, but they are not always useful in cases with low chances of settlement.
An injured worker can initiate a formal hearing by filing a Claim Petition with the Division of Workers’ Compensation, which will then assign your case to a judge in your county. This appellate path can be tricky without the guidance of our skilled lawyers.
A formal workers’ compensation hearing is similar to a civil suit and has strict rules for evidence as well as a heavy reliance on expert testimony. Once both sides have submitted their evidence to the court, a judge would render a decision in writing. The losing party in a formal hearing has the right to appeal the decision to the Appellate Division of the New Jersey Superior Court.
Call a Vineland Workers’ Compensation Attorney Today
It is crucial to file a Claim Petition with the Division of Workers’ Compensation in a timely manner. There is a time limit on pursuing worker’s compensation benefits, so it is recommended to retain legal representation as soon as possible. Contact a Vineland workers’ compensation lawyer today to get started on your case.