My Workers’ Compensation Claim Was Denied: What Can I Do?
August 27, 2019 | By admin
Workers’ Compensation Overview
Have you ever been injured while working? Statistics indicate that more than 140 million Americans are currently covered by workers’ compensation insurance. That means that more than 94 percent of the workforce can utilize this important financial insurance after a workplace accident.
Despite this fact, many workers’ comp claims are initially denied. If this happens to you, then don’t get discouraged. You need to carefully re-examine your claim to determine the reason for the denial and how to appeal it.
Why Was my Workers’ Compensation Claim Denied?
Thousands of workers’ compensation claims are denied each year. Many of these denials are due to issues that can be corrected, but some reasons for denial are valid. Here are some of the most common reasons a claim will get denied:
- The employee failed to report their injury immediately
- Your claim was filed after you were laid off or fired
- There is an inconsistency between the accident report and medical records
- Your medical records showed the presence of illegal drugs in your system
- You were not injured at work, or your injury was caused by a pre-existing condition
- You weren’t treated by an approved medical provider
- Your papers were not filed in time
- There are a lack of witnesses
- Your employer is disputing your claim
- You failed to provide a statement or medical records with your claim
If your claim was initially denied, then don’t give up. Statistics indicate that nearly 67 percent of workers’ comp claims that were initially denied got accepted within a year. Get more details on how to appeal an initial denial below.
How to Appeal a Workers’ Compensation Denial
If your workers’ compensation claim is initially denied, then you will be given a reason for the denial. Understanding this reason will help you determine whether an appeal is worth the effort or not. Some reasons, such the injury not occurring at work, are valid reasons for a denial, and you may not have any recourse. There are, however, situations where the issue can be corrected. It may be beneficial for you to hire an experienced workers’ compensation attorney to help you weigh your options. In some situations, your appeal may make it all the way to a formal courtroom. If this happens, then having an attorney on your side is crucial.
Contact a Edison Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey workers’ comp laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the workers’ compensation benefits you deserve. That is why you should speak with a knowledgeable workers’ compensation lawyer about your situation and get guidance throughout the claims process. The experienced workers’ comp attorneys at Lombardi and Lombardi, P.A. represent clients in Marlboro, Freehold, Manalapan, Westfield, Rahway and all across New Jersey. Call 732-709-7992 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at 1862 Oak Tree Road, Edison, NJ 08820 as well as offices in Brick, Freehold and Point Pleasant.
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.
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