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Rosenberg | Kirby | Cahill |
Stankowitz & RichardsonProtecting The Injured
Call 732-908-7239 to schedule a legal consultation

As a working adult, you are probably aware that you have the right to seek workers' compensation benefits in the event that you get hurt on the job. You probably assume that filing for benefits is a mere formality to connecting with the medical benefits and wage replacement you need to make it through your recovery time as an injured worker.

Sadly, a portion of the people who seek workers' compensation benefits every year will wind up receiving a denial instead of an approval, even if they have an injury or illness directly connected to their employment. If you are one of those people, you will likely find yourself wondering who denied your workers' compensation claim and what you can do about it.

Who has the authority to deny your benefits claim?

There are different reasons that workers find their initial request for workers' compensation benefits denied. Depending on the kind of denial, you can likely deduce who was responsible. Typically speaking, administrative rejections come from the state of New Jersey.

You need to file certain documentation and paperwork with the state in a timely manner. From the records of your employer's accident report to adequate medical documentation, there are many different items that play a role in establishing a viable workers' compensation claim. Sadly, simple paperwork errors are an issue for many people who need workers' compensation benefits. While it is possible to correct those issues and move forward with your claim, the denial can delay your receipt of benefits.

In other circumstances, it may be your employer who chooses to reject or question your claim. In some circumstances, this rejection is because the employer's documentation of the incident doesn't match your own. Other times, the issue comes because someone in human resources or management didn't follow the proper protocol when you reported your accident. In rare cases, employers will even deny credible claims because they don't want their insurance premium to go up.

You have the right to file an appeal after a claim denial

Regardless of why your initial claim doesn't receive approval, it is possible to appeal the rejection and get the benefits that you need. Every worker, regardless of the nature of their injury or the reason for their rejection, has this right. The appeals process typically involves gathering evidence and evaluating your claim to determine the cause for your rejection prior to a hearing.

Even if you did not work with an experienced New Jersey workers' compensation attorney for your initial claim, it is often a good decision to do so after a denial. That way, you can improve your chances of successfully addressing the issues that are keeping your benefits from you.

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Rosenberg, Kirby, Cahill, Stankowitz & Richardson
29 Main Street
Toms River, NJ 08753

Phone: 732-908-7239
Fax: 732-341-3404
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