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Workers & Their Families

Partners and Counsel of Costello, Mains & Silverman, LLC

Your right to receive workers’ compensation

On Behalf of | Jun 10, 2019 | Blog, Uncategorized |

If you suffer any type of on the job injury, there are some key steps you can take to protect your legal rights in New Jersey. Start with the following:

  • Check yourself for injuries
  • Administer first aid
  • Call 911 for help, if necessary
  • Report the accident and your injuries to your employer
  • Discuss your prognosis and treatment plan with your medical team

You may come to find that you’re unable to immediately return to work. Since this will take a toll on your finances, it’s critical to learn more about the workers’ compensation system and your rights to receive benefits.

Even if your case appears cut and dry, it’s not out of the question for your claim to gets denied. There are many reasons this could happen, such as if your employer argues that you suffered the injury outside of work.

If you receive a workers’ compensation denial letter, turn your attention to filing an appeal. This can be a lengthy process, but it’s better than letting your employer “get one over on you.”

Here are the steps you should take:

  • Read your denial letter from start to finish to understand what happened
  • Learn more about the appeals process, such as what to include and how long it takes
  • Collect documentation to back up your claim, such as proof that you were injured on the job
  • Meet with your employer and/or insurance carrier to determine if there’s an easier and more time-efficient solution

Along with the above, prepare yourself for the long haul. You hope to clear things up quickly, but your appeal may drag on for several months or longer. This is particularly true if you’re required to partake in a hearing before an administrative law judge.

A workplace injury or illness is serious, as it can stop you from doing your job in the future. This makes it difficult to earn money, thus impacting your finances and personal life in a number of ways.

If you have the legal right to receive workers’ compensation benefits, don’t give up until you get your hands on all the money you deserve. Your employer may be getting in the way, but there are things you can do to fight back.

Visit our website for more information and advice pertaining to employment law and workers’ compensation issues.