Why You Might Be Denied Workers’ Compensation
March 12, 2023
When you’ve been injured on the job, your employer has a legal obligation to pay your medical bills, a percentage of lost wages and more. Whether you are in the initial stages of filing a claim or your workers’ comp claim has been denied, the experienced workers’ compensation attorneys at Gold, Albanese & Barletti, LLC, can help you get the medical care and compensation you need.
In New Jersey, injured workers are eligible for employer-paid benefits no matter who was responsible for an accident. Although fault for your injuries does not need to be determined, the basis of the claim itself does. This can be challenging, as many insurance carriers often deny or delay claims.
If you suffer an injury at work, the injury must be reported to your employer within 90 days, or you may lose your right to receive workers’ compensation benefits in New Jersey.
Reasons for Denial of A Workers’ Compensation Claim in New Jersey
Unless your employer is self-insured, your employer will report your injury to its workers’ compensation insurer. Typically, the insurance company will send you a letter of approval or denial of your claim within 30 days after your injury has been reported.
Insurance companies are in the business of making money, and one way they increase their bottom line is by rejecting legitimate claims. There are many ways they may try to reject your workers’ comp claim, including:
Asserting that the injury occurred outside of the workplace
Saying there is insufficient medical evidence
Claiming that it was a pre-existing injury; or that a pre-existing condition was not worsened by a workplace injury
Contending that your injuries are not as severe as you claim, and you should be able to return to work
Claiming the recommended medical care is unnecessary or unrelated to the injury you sustained at work
Even if your claim is not denied, insurance companies frequently claim that the information submitted is incomplete and ask for more details about the accident or injury to delay payment. Knowledgeable workers’ compensation lawyers are familiar with these tactics and will investigate the circumstances of your accident, injury and the reasons your claim has been delayed or denied.
If you have been injured on the job and need assistance with your workers’ comp claim, the skilled workers’ compensation lawyers at Gold, Albanese & Barletti, LLC will fight for your rights and help you get the compensation you deserve. Contact us to schedule a free consultation today.
Contact Gold, Albanese & Barletti, LLC
Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.
Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.