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What are my options if I’m denied workers’ comp benefits?

On Behalf of | Apr 29, 2021 | Workers' Compensation |

People in New Jersey are hard workers and are not afraid to get their hands dirty if it is good, honest work. However, if a worker is injured on the job and applies for workers’ compensation benefits, the matter can become complicated if a worker’s claim for benefits is contested or denied altogether. The following is an overview of what your options are when your workers’ compensation claim is disputed.

Application for an informal hearing

When there is a workers’ compensation suit, the worker can apply for an informal hearing before a judge. This option is meant to avoid the need for complex and time-consuming litigation. Temporary benefits, medical care and permanent benefits are just some of the issues that can be resolved at an informal hearing. A judge’s decision at an informal hearing is not binding, and a formal claim petition can still be filed if necessary. The worker can be represented by an attorney at an informal hearing.

Formal claims

Another option is to file a formal claim petition with the New Jersey Division of Workers’ Compensation. Most claim petitions are settled without a trial, with the parties agreeing on the amount of benefits owed and the nature and extent of the worker’s disability. Issues that cannot be resolved in the pretrial stage will be resolved in a trial. The worker will testify, as will medical personnel and other witnesses. The judge will issue a binding decision that can only be appealed to the Appellate Division of the Superior Court.

Learn more about workers’ compensation in New Jersey

If you have been denied workers’ compensation in New Jersey it can be a frustrating experience. However, help is available. Those who want to learn more about this topic are encouraged to explore our firm’s website for further information.