Workers Comp Appeals Lawyer Hamilton
With Offices in Trenton and Pennington, New Jersey
Do not make the mistake of thinking that a denial of your workers’ compensation claim is the end of the process. In fact, you should expect the insurance company to reject your worker’s comp claim because the majority of workers’ comp claims in New Jersey are initially denied. You have a legal right to appeal your employer’s denial of your workers’ compensation claim. Unfortunately, the workers’ compensation appeals process is confusing and difficult to navigate. That’s why it is crucial for you to have legal representation when applying for workers’ comp benefits and when appealing a denial of workers’ compensation benefits.
Trenton NJ Injury Appeal Attorney
Kamensky Cohen & Riechelson is a law firm with more than 40 years of experience handling personal injury cases and workers’ compensation claims in New Jersey and Pennsylvania. Our experienced workers’ comp lawyers have assisted numerous injured workers throughout Mercer County, including Hopewell, East Windsor, and Hamilton. Our experience gives us a major edge when we file an appeal on your behalf because we understand the nuances of New Jersey workers’ compensation laws and regulations. Call KCR today to discuss your options for appealing your denial of benefits.
Workers’ Compensation Appeals Process in Mercer County
Once you have notified your employer of your on-the-job injury, they must contact their insurance carrier so that a First Report of Injury form can be filed with the New Jersey Division of Workers’ Compensation. Additionally, your employer will be required to investigate your claim and determine whether you are entitled to workers’ compensation benefits.
If your employer rejects your claim, or if you are unhappy with the benefits awarded to you, you have two options for appealing the decision: you can request an informal hearing in front of a Judge of Compensation, or you can request a formal hearing by filing a Claim Petition with the Division of Workers’ Compensation. The informal hearing process tends to be expedited and occurs within a few weeks. This allows you to potentially get the decision changed quickly so that you can start receiving benefits. Keep in mind that the judge’s decision at the informal hearing is not binding. Even if the judge rules against you, you still have the option to file an appeal for a formal hearing. The formal hearing process takes longer. Your case is first assigned to a judge of compensation in the county workers’ compensation court. The first formal hearing probably won’t take place for six months after you file the Claim Petition.
How an Attorney Can Help You Win a Workers’ Comp Appeal in Princeton NJ
It is important to secure an attorney early in the process so that they can begin to gather and preserve the evidence you need to win your workers’ comp claim. An attorney can conduct investigate your claim and conduct a thorough review of the accident that caused your work-related injuries. An attorney can also interview witnesses who will support your version of the events that led to your work-related injuries. These witnesses will be crucial at a formal hearing to appeal the initial workers’ compensation decision. The formal appeal hearing is like a trial, so it is important for you to be represented by an experienced workers’ compensation attorney at this hearing.
A workers’ compensation attorney can also assist you during the settlement negotiation process. It is not uncommon for insurance companies to try to avoid the cost of an appeal and related legal proceedings by approaching the injured worker and offering the worker a cash settlement. While you are in the process of appealing your workers’ compensation decision, it might be possible for an experienced attorney to negotiate a favorable settlement with the insurance company.
Speak with a Lawrence NJ Workers’ Compensation Appeals Attorney
Kamensky Cohen & Riechelson can assist you with your workers’ compensation appeal. Call us anytime to discuss your case, or email us to schedule a free, no-obligation consultation at our Trenton or Pennington offices.