It can be a frustrating experience to appeal a denied workers’ compensation claim. We often hear from individuals who are unsure about their next steps or the reasons their claims were denied. Filing an appeal doesn’t have to be overwhelming when you understand the process. Below, our Northern New Jersey workers comp lawyer has taken the time to answer some common questions we hear regarding denied claims and how to approach an appeal.
What Should I Do If My Workers’ Compensation Claim Is Denied?
If your claim is denied, it’s essential to take immediate action. First, you should receive a denial letter explaining the reasons for the denial. Review this carefully, as it will outline the specific reasons your claim was rejected, whether it’s due to missing information, late filing, or disputing your injury’s connection to your work. From there, gathering any missing or additional evidence, such as medical records or witness statements, can strengthen your case before submitting your appeal.
How Long Do I Have To Appeal A Denied Claim?
There are strict deadlines for filing an appeal after your claim is denied, so acting quickly is important. In New Jersey, you generally have up to two years from the date of the injury or the last compensation payment to file an appeal. Missing this deadline can result in losing the right to appeal, so keeping track of all dates and deadlines related to your case is critical. It’s helpful to consult with a workers’ comp attorney early in the process to make sure all paperwork is completed and submitted on time.
What Happens During The Appeal Process?
During an appeal, you’ll likely need to attend a hearing where you can present evidence supporting your claim. This may include medical reports, witness testimonies, and other documentation showing the connection between your injury and work. The judge will review both your arguments and the employer’s or insurer’s evidence before making a decision. While it can take some time for the final ruling, it’s important to remain patient and cooperative throughout the process.
Can I Provide New Evidence In My Appeal?
To strengthen your case, you should submit new evidence. One of the most common reasons for a denial is lack of sufficient medical documentation. If you’ve undergone additional treatment or received a more thorough medical diagnosis since your initial claim, include that updated information in your appeal. The more relevant and comprehensive your documentation is, the stronger your case will be during the hearing.
Is Legal Representation Necessary For An Appeal?
While it is not mandatory to have legal representation during a workers’ compensation appeal, it can significantly improve your chances of success. An attorney who handles workers’ compensation cases can help ensure that your appeal is filed properly, that all necessary evidence is presented, and that deadlines are met. Working with a legal professional can help avoid common missteps that may jeopardize the outcome of
Moving Forward With Your Appeal
Appealing a denied workers’ compensation claim may feel daunting, but understanding the process and knowing what steps to take can make a big difference in the outcome. Gathering new evidence, meeting deadlines, and presenting a solid case are crucial for a successful appeal. Our friends at Rispoli & Borneo P.C., have over 20 years of experience achieving justice for our clients, and we will discuss the importance of these steps and are here to help with your case. Contact us today for a complimentary consultation to discuss your appeal options and get the support you need.