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Can You Appeal a Rejected Workers’ Comp Claim in NJ?

On Behalf of | Apr 11, 2020 | Workers Comp |

Being injured on the job is never easy and can leave you at a loss regarding how best to proceed. If your workers’ compensation claim is denied on top of everything else, it makes an incredibly stressful situation that much more stressful. It isn’t uncommon for workers’ compensation claims to be denied, and while you do have the right to appeal the decision, it is in your best interest to work closely with an experienced Freehold, New Jersey, workers’ compensation attorney throughout the process.

The Denial of Your Claim

Obtaining workers’ compensation is a specific process, and claims can be denied for any number of reasons. Some of the most common reasons, however, include:

  • Not reporting your injury to your employer quickly enough
  • Failing to file your claim within the time restrictions for New Jersey
  • Being injured in a manner that the court determines doesn’t meet claim requirements
  • Having injuries that your employer claims are not work-related in the first place

Even if your claim is initially denied, your rights are too important to simply give up on the matter – an experienced workers’ comp attorney can help.

The Informal Hearing

In the State of New Jersey, there are two appeal processes that include a formal hearing and an informal hearing. The advantage of the informal hearing is that the process is typically less time-consuming and – as the name implies – less formal. The process begins with an Application for an Informal Hearing, and once your case is assigned to a judge, you will get written notice about when your appeal will be heard. At your hearing, your attorney will present the carefully collected and relevant evidence in support of your case, and the judge will ultimately make his or her recommendations in the matter. If you and the insurance company both agree to the judge’s recommendations, that is the end of the matter. If not, you will move forward toward a formal hearing.

The Formal Hearing

The formal hearing begins with the filing of a Claim Petition, and the formal process is very much like a trial (and is lengthier overall). It’s important to be aware that there are strict time limitations that must be adhered to for the formal hearing, and the informal hearing process does not extend the time limitation for the formal hearing. The judge in the formal hearing will ultimately issue a decision on your claim. If this decision isn’t in your favor, you can appeal it to the Appellate Division of the Superior Court.

If Your Workers’ Comp Claim is Denied, a Freehold, NJ, Workers’ Comp Attorney Can Help

If your workers’ compensation claim has been denied, you owe it to yourself to appeal the decision, and the dedicated workers’ compensation attorneys at Lomurro Law in Freehold, New Jersey, are here to help. Our experienced legal team is committed to aggressively advocating for your rights and for your claim’s positive resolution. For more information, please don’t hesitate to contact us online or call us at 732-482-9285 today.