When Can My New Jersey Employer Deny Workers’ Compensation?
March 15, 2019 | By admin
Usually if you are injured on the job and the employer has taken out an insurance policy to protect you and your fellow coworkers, you have the right to a workers’ compensation settlement. There are, however, requirements expected of you that if you do not follow through with may result in a claim denial. There are also other scenarios that could come into play that can make your New Jersey employer legally allowed to deny your workers’ compensation.
Reporting Times and Statute of Limitations
In New Jersey, an injured worker must report the incident to their employer within two weeks of the incident, or a workers’ compensation claim can be denied by their employer. The only time this is extended is if the injuries symptoms were delayed and a reasonable person wouldn’t have noticed them right away. Then it is extended instead of from the date of incident to the date that a reasonable person would have noticed signs of the injury.
There is also a statute of limitations in place, which essentially is a legally enforced time limit that an individual must file a lawsuit or claim by in order for it to be legally valid. In New Jersey, this time limit is two years from the incident date or from the date that symptoms should have been reasonable noticeable.
Injury is Not Associated with Employment
Sometimes an injury can seem like it was from work, but it was actually not. If a doctor can confirm that the injury was clearly there for much longer or if you are caught attempting to mask an out-of-work injury for one that happened on the job, your workers’ compensation claim can be denied. It is also considered to be fraud, which can carry consequences with it if you do it intentionally. If you are unsure if the injury is due to a previous condition or not, set an appointment with a trusted medical professional.
Proof of Intentional Actions and Willful Negligence
Going along side the issue of passing off an outside-of-work injury as a work injury, your claim can also be denied if the employer can find proof of poor intentions. If you purposefully put yourself in harms way or messed with equipment in order to set up an injurious accident, it is unlawful. Or if you purposefully allow something you see is dangerous to hurt you and someone sees this and reports it, your claim could be denied.
Failure to Seek Medical Treatment
This is a major issue that can invalidate any type of personal injury claim. Insurance companies love it when you don’t seek immediate medical attention and keep up with your doctor’s appointments and recommendations. They can turn this around into the reason for the severity of your injury and the costs incurred are not due to the accident itself, rather your negligence in self care. Do not skimp out on medical care or delay it think you will be okay. It is not worth getting your claim denied.
Types of Injuries
Finally, not all injuries are considered to be workers’ compensation worthy. Simple bruises, cuts, burns, or other small injuries that do not incur damages or costs or have any temporary or permanent serious effect on you are not reasonable injuries for a claim. Also, certain state laws make certain injuries harder to have a case for. Overtime injuries that are due to overtime stress or repeated movements can be difficult to prove as causal, which could result in your case getting denied. Never fear, denial isn’t permanent. There are chances for an appeal and better gathering of evidence. Having the right attorney on your side can make all the difference.
Contact a 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’ Compensation 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’ Comp 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’ Compensation attorneys at Lombardi & Lombardi represent clients in Toms River, Brick, Jackson, Middletown, and through the state of New Jersey. Call (732) 906-1500 or email us today to schedule a free consultation about your work injury case. Our main office is located at 1862 Oak Tree Road, Edison, NJ 08820, and we also have offices in Edison, Brick, Freehold, and Point Pleasant Beach.
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.