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3 Common Challenges of Filing for New Jersey Workers’ Compensation


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3 Common Challenges of Filing for Workers’ Compensation in New Jersey

We fight diligently against the challenges of workers’ compensation—call our law office today.

Getting approved for workers’ compensation and receiving your benefits is not always a long process, but it can be when your employer or the insurance company decides to meddle in your case. You may end up facing many challenges when filing for workers’ comp after an accident. Three common challenges of filing for workers’ compensation are:

Delayed benefits due to improper claim reporting
Confusion regarding medical treatment after an accident
Retaliation after filing a claim

The experienced professionals at Simon Sarver Attorneys at Law possess the necessary skill and education to identify the challenges preventing you from receiving proper compensation. We understand that injured workers need financial benefits to continue supporting themselves and their families. We work hard to help you reach a suitable outcome when your workers’ comp benefits hang in the balance.
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Delayed Workers’ Compensation Benefits

One of the most notable schemes employers or insurance adjusters use is the excuse of delayed workers’ comp benefits. While some paperwork and a fair amount of investigation go into substantiating a workers’ compensation claim, some insurance companies try to push back when you will receive benefits to avoid paying. You are entitled to adequate compensation under New Jersey law, including timely receipt of your benefits.

In these cases, insurance companies pass off your claim to the next adjuster and hold off on processing it for as long as possible. This is unacceptable when you need financial help immediately after suffering a severe injury or illness in the workplace, but a reliable attorney can help you fight it in court. Attorneys such as those at Simon, Sarver, Swetz & Jachts are adept at providing representation that can speed up when you receive benefits.

Confusion Regarding Medical Treatment

Work-related injuries require specific treatment instructions as your employer selects the doctor who treats you after an accident. You cannot see your regular doctor for workplace injuries, creating more confusion if you aren’t aware of these rules. If you want workers’ compensation to cover the cost, you must seek medical treatment with the facility and doctor your employer specifies; otherwise, you can end up paying out of pocket.

Additionally, the insurance company can cause further confusion during the treatment process. If your doctor tells you one thing regarding your treatment and the insurance adjuster tells you something different, you may not know which directions to follow. If the insurance company ignores the doctor’s orders based on what an in-house doctor directs, proceed at your own risk.

You should do several things to reduce further confusion and problems in the medical treatment process after filing your claim. Following the treatment plan exactly as it directs is especially helpful in facilitating workers’ comp approval. It is also crucial to have copies of all medical records regarding your workplace injury to ensure your case goes smoothly if you need to contest non-approval.

Retaliation After Filing a Claim

Employer retaliation is common after filing a workers’ comp claim despite New Jersey’s protection against it. Because workers’ compensation affects each employer differently, the increased rates from workplace accidents may make it difficult for your employer to pay workers’ comp insurance. You may overlook employer retaliation at first.

Your boss can retaliate against you in the workplace after an injury in many ways, including:

  • Demoting you to a lower position
  • Firing you
  • Denying you a promotion you are eligible for
  • Giving you lower pay or less work
  • Changing your office or work schedule to something less suitable for you
  • Allowing harassment from other bosses or co-workers in higher positions
  • Receiving disciplinary actions with no reason behind them

You shouldn’t have to wait for months to receive your benefits while your employer or the insurance adjusters play games with you, which is why it is crucial to seek the counsel of a workers’ compensation attorney or a personal injury lawyer. These three common challenges of filing for workers’ compensation can significantly affect your chances of getting a claim approved. At the law office of Simon, Sarver, Swetz & Jachts, our experience with workers’ compensation cases allows us to fight against these challenges and many others.

When you need a reliable workers’ compensation attorney, Simon, Sarver, Swetz & Jachts, LLC, can help speed up the process of getting workers’ comp benefits and expose the tactics your employer or insurance adjuster are using to avoid paying you. Contact us any time at 973-310-5131.

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