How Can an Attorney Help My Workers’ Comp Claim?
Workers compensation can be a minefield to tread through, but having a competent workers’ comp attorney at your side often makes all the difference. Claims are frequently denied because of employer or insurance carrier error; a skilled lawyer can investigate the reasons behind a claim denial and prepare an appeal for your case.
By law, all employers in New Jersey are required to carry workers’ compensation insurance. This insurance is designed to cover expenses an employee may incur from any work-related injury or illness. If you have been injured on the job for any reason, it is likely that you are eligible to make a workers’ comp claim. Whether your injury came from employer negligence or even something you may have unintentionally caused, your claim is probably valid under United States law. A few exceptions to this compensation do exist. If you were violating company policy or committing a serious crime, for example, your claim may not be accepted. Injuries from intoxication, use of illegal drugs, and self-inflicted injuries (including anyone starting a fight) are also generally not covered.
Workers’ comp law stipulates that any employee accepting benefits will automatically give up his or her right to sue the employer. This means that even though the injury may have resulted from employer carelessness or neglect, the employee’s full recompense for all health damages suffered will come in the form of workers’ compensation benefits. These benefits include medical care, rehabilitation, surgery, wage compensation, short- and long-term disability, and in the most severe cases, even death benefits.
It is important to file your claim in a timely and accurate manner. Failure to do so may result in your claim being denied. If you have filed a worker’s comp claim and are having trouble getting it approved, a workers’ comp attorney can greatly aid the process. A lawyer experienced in representing these types of cases will be able to advise you of your rights as an injured worker. In the course of evaluating your claim, a knowledgeable attorney may find that unnecessary delays on the part of your employer or the insurance company have contributed to the issues with your claim.
A skilled lawyer will investigate any claim that has been denied. Communication between the employer and insurance company is sometimes skewed, which can cause a denial. Whether it was incorrectly filed paperwork or missing or incomplete medical records, a workers’ comp attorney can thoroughly examine the reasons that may have led to your claim’s denial. After this, they will be able to create a solid appeal for your case that greatly increases the likelihood your claim will be approved. Any worker encountering roadblocks with his or her compensation claim should strongly consider enlisting professional, proven legal representation.
ABOUT THE AUTHOR: Law Offices of Lloyd E. Bennett, Esq., P.C.
The Law Offices of Lloyd E. Bennett, Esq., P.C. have over 23 years of effective experience representing workers’ comp cases and appealing claims that have been denied. A knowledgeable workers’ compensation attorney at the firm can help you understand your rights and fight for the compensation benefits you are entitled to under law. Get in touch with a New Jersey workers’ comp lawyer from the firm today to find out how they can assist with your particular situation.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.