Kaplan & Kaplan Counsellors at Law

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Do not give up if your work place accident claim is denied

After a workplace accident in New Jersey, most employees will be able to collect workers' compensation benefits for both medical care and out of work time.  Furthermore, a monetary award is likely for injuries sustained.

What should you do if your case is denied?

Unfortunately, all too often, workers have their cases denied for unjust reasons. If you are in this situation, then it is vital not to lose hope or give up on efforts to collect benefits you are entitled to. There is an option at your disposal to hire an attorney and have him/her file a Motion to have the disputed issue(s) heard in Workers' Compensation Court. Thus, the decision making will be taken out of the hands of the  insurance company and put in the hands of an impartial judge. 

Many people are unaware of the above. Once you pursue this option there are a few paths your case may take. The judge can give important input that will resolve the disputed issue and save all parties the time and expense necessary to have a trial. For example, the judge may help the parties agree to have an expert doctor provide an independent examination to determine if medical treatment is necessary and related to the accident in question.

On the other hand, a trial may be necessary. If this is the case, you must spend the necessary time to be schooled on the applicable law and how it applies to the disputed issues in your case. During the trial, the injured worker will give testimony and the court will hear witness testimony. After this, a judge will make a ruling that is binding. If there are still disputes regarding the ruling, parties can file an appeal with the Appellate Division of the Superior Court.

Rules and restrictions

Workers must understand that there is a clock ticking. Workers only have two years from the date of injury, the date of last payment of compensation benefits or the date a person became aware of an illness to file a case.

How to proceed with your claim

While it can be a relief to know you have viable options to address a dispute in a workers' compensation claim, it is a complex and intimidating process. As such, it is wise to seek top notch legal representation  to obtain all the benefits you are entitled to after a work-related accident.

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