Employees who suffer an injury in the course of work may get compensation by filing a workers’ compensation claim. However, some claims may get denied for various reasons, leaving the victims in distress.
Most denied workers’ compensation claims are as a result of mistakes that could have been avoided with proper understanding of the process and attention to detail. Common errors include the following.
Failure to report injury on time
Failure to report injury on time can significantly jeopardize a workers’ compensation claim. Injured employees should report their injury as soon as possible, preferably immediately after the injury occurs or as soon as they become aware of the injury. Delays in reporting can raise doubts about the legitimacy of the claim and may lead to increased scrutiny from insurance companies.
Insufficient medical evidence
Where the claim is not supported by adequate medical documentation, insurance companies may question the severity or even the existence of the injury. Injured employees should seek prompt medical attention from qualified healthcare providers and thoroughly document all aspects of their injury and treatment. This documentation should include medical reports, diagnostic tests, treatment plans and any other relevant records that demonstrate the extent and impact of the injury on their ability to work.
Not following procedure
Another mistake when filing a workers’ comp claim is using the wrong procedure for submitting the necessary paperwork. New Jersey has specific procedures for filing a workers’ compensation claim, and not following them correctly can result in delays or even denial of the claim. Injured employees should carefully review and understand the procedural requirements outlined by New Jersey’s Division of Workers’ Compensation.
Not seeking legal guidance
Attempting to go it alone may result in overlooking crucial details, misinterpreting legal jargon or missing out on potential strategies that could strengthen the case. Counsel can offer invaluable guidance and help ensure that the employee’s rights are observed and that they get the compensation entitled to them under New Jersey law.