New Jersey Workers’ Compensation Appeals Lawyer

A workers’ compensation appeal allows you to challenge a denial of benefits or an unfavorable decision regarding the amount you receive as compensation for a work-related injury or illness. Attempting to take on the process without legal guidance can be challenging. Many choose to hire an experienced workers’ compensation attorney.

We can answer your questions and provide sound legal advice. Schedule an appointment with a seasoned New Jersey workers’ compensation appeals lawyer from our firm and let us get started on your case.

What Are the Typical Reasons for Appeals?

The most common reasons people appeal workers’ compensation decisions include:

Denial of claims, based on the conclusion that their injuries are not work-related
Disputes over the severity and extent of medical care needed to treat their injuries
Disagreements over their disability being temporary or permanent
Payment delays or benefit amount disagreements
Contests from the employer or their insurer over the cause of an occupational disease
Disputes over whether their condition was pre-existing

A New Jersey attorney can guide you through each stage of the workers’ compensation appeals process, helping you get the outcome you deserve.

The Appeal Process

The state provides two primary paths for resolving workers’ compensation-related disputes, and you can choose between an informal or formal hearing process. Most cases settle through the formal hearing process and trial. For both paths, there are several stages to navigate.

Review the Denial

First, you should thoroughly examine the insurer’s denial notice and reasons for the decision. Then, use that information to gather any relevant medical records, accident reports, and witness statements from your original claim.

Choosing the Appropriate Type of Resolution

After reviewing the denial, you can choose whether you want to initiate an informal or a formal hearing process. The informal hearing process involves applying to the Division of Workers’ Compensation (DWC) at the New Jersey Department of Labor and Workforce Development for a judge to review the evidence and make recommendations. To initiate the formal process, you must file a petition with the DWC, beginning a trial-like procedure. Your employer must reply or request an extension within 30 days. The informal process is quicker but is subject to a filing deadline. You may therefore have to initiate the formal hearing process.

Preparation

To prepare for the hearing, you must collect all relevant evidence, including medical records, witness statements, and employment records. An attorney can assist in gathering the essential documentation and building a solid workers’ compensation appeal to present before the judge in New Jersey.

Hearing

During an informal hearing, the judge may ask you and your employer some questions and suggest possible non-binding resolutions. During a formal hearing, you and your lawyer may present evidence and witness testimony, cross-examine witnesses appearing on behalf of your employer, and provide closing arguments. After reviewing all the presented evidence, the judge will make a legally binding decision.

Additional Appeals

If you remain unsatisfied with the judge’s decision about your workers’ compensation after a formal hearing, an attorney can help you continue to appeal through the Appellate Division of the New Jersey Superior Court. When filing a dispute, there is a strict 45-day deadline from the date of the judge’s decision. The appellate court reviews the final judgments and DWC decisions and has the authority to affirm or reverse the previous determination.

We can help you navigate each step of the process, present arguments during the hearings, and advocate for a fair outcome. While filing an appeal is often frustrating, confusing, and overwhelming, having a hard-working legal professional by your side for support and guidance can alleviate much of the stress and help you secure the compensation you deserve.

Contact Us To Speak to a Knowledgeable New Jersey Attorney About Workers’ Compensation Appeals

Receiving a denial of benefits or a low settlement offer can be highly frustrating and stressful. You may dispute these issues without an attorney, but navigating the complex appeals system alone can be difficult.

A skilled New Jersey workers’ compensation appeals lawyer from our firm could take on your case and guide you through each stage of the process. Schedule a consultation today to learn more.