Denied Benefits and Appeals Attorney in Vineland, New Jersey
Have you been injured on the job? If so, you're probably familiar with workers' compensation -- a form of insurance that provides medical treatment, wage replacement, and disability benefits to employees who suffer work-related injuries or illnesses.
At the Law Offices of Beth White, we're here to help you navigate these complex waters. Whether your claim has been denied or you're just beginning the process, we're committed to standing by your side every step of the way, ensuring you receive the benefits you deserve. Our attorney proudly serves clients in Vineland, Millville, Bridgeton, Pittsgrove, and Ocean City, New Jersey.
Workers' Compensation in New Jersey
Workers' compensation is a lifeline for employees who've been injured on the job, providing vital benefits to help them recover. But understanding the requirements and navigating the process can be challenging.
In New Jersey, workers' compensation is mandatory for all businesses with employees. This includes LLC members, partners in partnerships, and sole proprietors. This obligation ensures that if an employee gets hurt or becomes ill due to their job, they have access to critical benefits.
When an employee is injured at work, it's crucial to report the injury immediately to the employer. The employer should then notify their workers' compensation insurance carrier right away. Within three weeks of learning about the injury, the insurer will file a Form IA-1, First Report of Injury or Illness, with the Department of Labor (DOL). If the insurer accepts the claim, they will guide the employee regarding authorized medical treatment.
However, sometimes insurers deny claims. When this happens, employees have the right to file either a formal Claim Petition or an Application for an Informal Hearing with the Division of Workers' Compensation (DWC) within two years.
The types of cases we handle include construction site accidents, scaffolding and ladder collapses, work vehicle accidents, traumatic brain injuries, spinal cord injuries, back and neck injuries, broken bones, crush injuries, amputations, burns, and serious lacerations and abrasions.
Throughout this process, documentation is key. Keeping track of medical records, incident reports, and any correspondence related to your claim is essential. We can assist in gathering and organizing these documents to build a strong case.
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Reasons a Workers’ Compensation Claim May Be Denied
Unfortunately, not all workers' compensation claims are approved. There are several common reasons why a claim might be denied. These include missed deadlines, disputes over whether the injury is work-related, restrictions based on state guidelines, and filing the claim after leaving the job. It's crucial to understand these potential pitfalls and avoid them if possible. And if your claim has already been denied, don't worry - we're here to help you understand why and plan your next steps.
Notice of Controversion
If your claim is denied, you'll receive a Notice of Controversion from the insurance company. This document outlines the reasons for the denial and informs you of your rights to appeal the decision. It's essential to read this notice carefully and act promptly. We can help you dissect the information and formulate a strategic response.
What to Do if a Workers’ Compensation Claim is Denied
Appealing a Decision
If your claim has been denied, you have the right to appeal the decision. This process involves presenting your case before a judge who will review the evidence and make a determination. But don't fret - you won't have to go it alone. Our experienced team will be right there with you, providing knowledgeable guidance and robust representation.
Here’s an overview of what you’ll need to know:
Deadline - Remember, time is of the essence. There is a strict deadline for filing an appeal, generally between 30 and 90 days from the date of denial. Missing this window could mean losing your right to appeal. We're here to ensure that doesn't happen.
Application for Adjudication of Claim - To kickstart the appeals process, you'll need to file an Application for Adjudication of Claim with the New Jersey Division of Workers' Compensation.
Declaration of Readiness to Proceed - After filing your appeal, you'll need to submit a Declaration of Readiness to Proceed. This indicates that you're ready for a hearing. Preparing for this hearing is crucial, and we're here to help you every step of the way.
Talk to an Attorney - Navigating an appeal on your own can be daunting. That's why it's essential to consult with an experienced workers' compensation attorney. We're ready to help you understand your rights, guide you through the process, and advocate for your interests.
Accepting a Settlement
Sometimes, accepting a settlement may be in your best interest. This could mean receiving a lump sum payment or ongoing benefits. We can help you evaluate your situation and negotiate a fair settlement on your behalf.
Compromise and Release Agreement
One common type of settlement is a Compromise and Release Agreement. This releases the employer and insurance company from any further liability in exchange for a lump sum payment. Our dependable attorney can help you understand the specifics of this agreement and whether it's the right option for you.
Denied Benefits and Appeals Attorney Serving Vineland, New Jersey
At the Law Offices of Beth White, we're committed to serving clients throughout Vineland, New Jersey, who've been denied workers' compensation benefits. Our experienced team is ready to fight for your rights and help you navigate the appeal process. Contact us today to schedule a free consultation and learn about your legal options.