You might believe that if you get hurt at work, your employer will pay your medical bills and cover any lost wages from time away from work as you recover. Workers' compensation insurance covers accidents at work and is utilized to ensure employees are covered in the event of an injury. However, you may be shocked to learn that submitting a claim for workers' compensation and getting benefits is not always that simple.
We cover some common issues that arise in workers' compensation claims below. However, before reading on, we urge you to consult with an experienced workers' comp lawyer in New Jersey to go over the specifics of your potential claim. The lawyers at Brandon J. Broderick, Attorney at Law, are well versed in employment law and can help you determine the likelihood of your case.
Not Meeting The Deadline To File Your Claim
There are deadlines in the workers' compensation claims process. For starters, you are required to let your employer know about the injury as soon as you can. In fact, you have 30 days after the work injury took place to notify your employer if you want to collect full benefits. You have a maximum of 90 days, but if you notify your work after the 30-day mark, the amount of benefits you receive could be reduced. Furthermore, it's recommended that you notify your employer in writing, so this cannot be disputed. It's never advised to simply alert them verbally.
The other important deadline in a New Jersey work injury claim is how long you have to file your claim. In New Jersey, an injured worker must submit a formal claim no later than two years after the date of the injury or the last payment of benefits, whichever comes first. If your ailment qualifies as an "occupational disease," such as hearing loss or a repetitive motion injury, you have two years from the time you first noticed your condition and thought it might be related to your work to file a claim.
To guarantee you receive the full amount of medical benefits you are entitled to as well as lost wages while you are out of work recovering, it's important to contact a workers' comp lawyer to help you with your claim. Speak with us at Brandon J. Broderick if you missed the deadline. While we can't go back in time, we might be able to assist you in filing your claim despite the late notice.
Meeting Workers' Compensation Requirements
The guidelines for workers' compensation may include who you must see for medical care. Usually, you'll have a list of available qualified suppliers to pick from. Your insurance coverage may be rejected by workers' compensation if you choose not to use one of the doctors in this network.
Miscalculated Payment
Even if your application for workers' compensation benefits is approved, you can still experience payment issues. One of these complications is when the business sends you the incorrect amount of payment. They could make calculations that affect your earnings if they don't have all the necessary information. The best away to avoid this is to make sure you do everything you can to ensure they have all the accurate information.
Trying to Minimize How Serious Your Injury Really Is
Your workers' compensation representative may attempt to downplay the seriousness of your injury. In the event that they do this, they can assert that you are not entitled to benefits or that you must start working before you are ready. They might also demand that you come back to work, but in a different capacity.
Disputes Where Your Injury Occurred
You have to be performing work-related responsibilities during working hours in order to be eligible for workers' compensation benefits. The representation might try to make the claim that your injury didn't happen during work, in an attempt to deny your claim. To avoid paying you, they may even disregard your doctor's notes or the testimony of witnesses.
Errors With Your Claim
When one of these issues arises, it could result in several things:
Delayed Benefits
When workers' compensation refuses to pay you and says they require additional information, your claim will be delayed. This may put a financial strain on you since you are unable to pay your monthly bills.
Denied Benefits
Your workers' compensation claim may be rejected for a variety of reasons. After a claim is rejected, the first step is to determine why. You should seek legal help and gather as much evidence as possible.
Our Employment Law Attorneys Can Help You Get The Benefits You Are Entitled To
You may have options if you're having issues with your workers' compensation claim. A New Jersey workers' compensation lawyer can assess your situation, evaluate the facts, and then submit an appeal on your behalf.
A workplace accident can be upsetting, especially if it keeps you from going back to work. It is not always simple to obtain workers' compensation, even though New Jersey law is designed to give you coverage for lost wages and medical care.
To get a free consultation about your work injury case, contact Brandon J. Broderick, Attorney at Law, today and we will schedule a call with one of our attorneys.
We have served the state of New Jersey for decades. We have offices in Jersey City, Newark, Edison, Cherry Hill, Trenton, Toms River, and Paterson, just to name a few.