New Jersey’s workers’ compensation is a no-fault system, which means that as an injured worker, you are entitled to benefits no matter who is at fault for causing your injuries. However, there are exceptions to this rule, and in any workers’ compensation case, the facts of the claim itself must be established. At The Law Offices of Gold, Albanese, Barletti & Locascio, LLC, our workers’ compensation lawyers have decades of experience handling all types of workers’ compensation cases, including denials, appeals and lawsuits. Our skilled legal team will fight for your rights to ensure you get the benefits you deserve.
Reasons Your Worker’s Comp Claim May Be Denied
Although New Jersey has a no-fault workers’ comp system, insurance companies look for any reason to deny workers’ compensation claims. If they don’t deny a claim altogether, insurance companies often delay payment by asking for more details about your accident or injury or by claiming that the information you submitted is incomplete.
Another way insurance companies try to reject legitimate claims is by asserting that you caused an accident due to your own careless, reckless or willfully incautious behavior. That’s why it’s vital to contact a skilled attorney to assist you with your workers’ compensation case after a workplace injury. Seeking the counsel of an experienced workers’ comp attorney who understands the ins and outs of employment law and workers’ compensation in New Jersey can help ensure your rights are protected and you receive the benefits and income you deserve to take care of your family.
There are several other reasons your employer or their insurance company may deny your worker’s comp claim, including:
- You were injured at work while under the influence
- You were fighting at work
- Your injury was self-inflicted
- Your injury occurred outside of work
What To Do If You Are Accused Of Incautious Behavior In A Worker’s Comp Case
To deny a workers’ compensation claim, an employer must provide sufficient evidence to prove that you were injured because you violated safety policies, acted in a careless or incautious manner, willfully misbehaved or were roughhousing. Without relevant evidence, such as video surveillance footage and the testimony of coworkers and other witnesses, your employer is obligated to provide workers’ comp benefits if you’re injured on the job.
A workers’ comp attorney will evaluate your case and help you understand your rights as an injured worker. They will investigate the incident, collect evidence and negotiate with your employer’s insurance company to overturn the denial of your claim and come to a fair settlement. Having an attorney settle your workers’ compensation case out of court is ideal, but if a reasonable settlement cannot be reached, your lawyer can take your workers’ compensation case through the appeals process and advise you on whether it’s worth pursuing a lawsuit.