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Donald W. Bedell
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Can you get workers’ compensation even if they deny you?

On Behalf of | Jul 1, 2024 | Workers' Compensation

You can still pursue workers’ compensation benefits in New Jersey even if they deny your initial claim. Understanding a few steps to take after a denial might help you secure the compensation you deserve.

Understand the denial

First, understand why they denied your workers’ compensation claim. Common reasons include insufficient medical evidence, missed deadlines, or disputes over whether the injury is work-related. Review the denial letter carefully to identify the specific reason.

Gather additional evidence

Strengthen your case by gathering additional evidence. This may include medical records, witness statements, or any documentation that supports your claim. Comprehensive evidence can address the issues that led to the initial denial.

File an appeal

In New Jersey, you can appeal a denied workers’ compensation claim. Start by filing a formal appeal with the Division of Workers’ Compensation. The appeal process involves submitting a petition and possibly attending a hearing to present your case.

Seek medical evaluations

Undergo further medical evaluations if necessary. A detailed medical report from a qualified physician can provide the necessary evidence to support your claim. Ensure the evaluation addresses the reasons for the denial.

Consider mediation

Mediation can be an effective way to resolve disputes. It involves a neutral third party who helps facilitate a settlement between you and the insurance company. Mediation can expedite the resolution process and avoid a lengthy court battle.

Securing your benefits

There are options available even when a workers’ compensation claim has a denial. Stay proactive and informed to ensure you get the compensation you deserve.