732-440-3950

Monmouth County · New Jersey

Appealing a Workers’ Compensation Claim

Workers’ Compensation Appeal Lawyers in Ocean and Monmouth County NJ

Workers’ compensation was created to ensure that if there is an injury at work, the affected party is financially supported during their recovery period.

Appealing a Workers’ Compensation Claim in New JerseyIt is an insurance policy that pays for lost wages, medical expenses, and permanent disability.  It also includes the death of an employee on the job.  It is a “no-fault” insurance, so the worker agrees not to sue the employer, and the worker receives benefits whether they were to blame for the injury.

Workers’ Compensation Claim Being Denied in Monmouth County

There are many reasons that your workers’ compensation claim may be denied. Some of them may seem like common sense, but these can happen to anyone in an unfortunate lapse of judgment:

  • The doctor has proof that the severity of your injuries is not as grave as you claim.
  • You were engaging in horseplay or other behaviors that resulted in your accident.
  • You were using controlled substances when you got hurt.
  • Your employer had warned you and/or provided safety training, and you did not follow protocol.
  • You filed your claim after you were no longer employed with that business.
  • Your injury could have been influenced by a pre-existing condition unrelated to your work.
  • You receive medical treatment for injuries unrelated to workplace activities.

At Chamlin, Uliano & Walsh, our priority is you. We dedicate our time to listen and fully comprehend your personal situation and navigate through your possible options. With a conveniently local office at 268 Norwood Ave, West Long Branch, NJ 07764, USA, we serve clients throughout Ocean and Monmouth County and the Jersey Shore, including Freehold, Middletown, Red Bank, Barnegat, Lavallette, Toms River, Eatontown, Rumson, and Keansburg.

Contact us online or call (732) 440-3950 today to discuss your rights to compensation. Our staff is prepared to handle your case from A to Z.

Everyone Is Entitled to a Workers’ Compensation Appeal in New Jersey

Informal Hearing

To appeal your workers’ compensation decision, you have some options.  The first is an Informal Hearing. This is the best choice for those who want an expedited, informal route to addressing their appeal.  You have to fill out an application and submit it to the Division of Workers’ Compensation, where your case will be assigned to a judge.  You will be advised in writing of the date and time of your hearing.  More than one session may be required to show all of the evidence and hear the testimony of witnesses.  It is important to work in tandem with your attorney and have all the necessary documents to resolve the issue properly.

Some advantages to having an informal hearing are that your lawyer is limited to receiving 10% of the amount you are awarded. Most cases are assigned a date and time within 14 days of being filed.  Almost all of the cases last only a few sessions before they are resolved. Also, the judge’s decision is not legally binding, so you can file a formal appeal if you are displeased with the judge’s decision.

Formal Hearing

Everyone Is Entitled to a Workers' Comp Appeal in New JerseyIf you don’t want to have an informal hearing, or if you had one and don’t agree with the judge’s finding, you can file for a formal hearing.  This must be filed within 2 years of your injury, and even if you had an informal hearing, the time limit does not change.  Within 6 months of filing, you will be assigned a court date.  You and your attorney should prepare a list of witnesses, specialists, documents, and video recordings (if possible) to display as much evidence in your favor as possible.

Taking the Case to the Appellate Division

When the decision is made, if you feel it was unjust, you can file an appeal in the Appellate Division of the Superior Court. This hearing is distinctly different from the previous ones as it has no witnesses, testimony, or new arguments.  There are no closing statements or new evidence.  This court’s job is to go over everything that transpired in the formal hearing and decide if the decision was legitimate and based on the law in an unbiased manner.

Want to Appeal a Workers’ Compensation Decision? Contact our Attorneys for a free and confidential consultation in West Long Branch NJ

If you were recently hurt on the job or contracted an illness due to your work environment, you need an attorney who can take care of your case from start to finish while you do your best to recover.

It is tough to manage the stress of finances, medical care, and day-to-day activities when ill or injured. At Chamlin, Uliano & Walsh, we have years of experience in workers’ compensation cases and appeals. No matter the situation, we can thoroughly review what happened in your workers’ compensation case and are ready to help you get the settlement you so greatly need.

Give us a call at (732) 440-3950, and we will get to work on your case. We serve communities from Little Silver to Long Branch, Beachwood to Monmouth Beach, Holmdel, Wall Township, Colts Neck, and throughout Ocean and Monmouth County. Contact us for your free consultation and get answers to your questions about appealing a workers’ compensation claim.