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The Workers’ Compensation Process—An Overview

The Workers' Compensation Process—An OverviewSo you’ve been hurt on the job in New Jersey and need to file a workers’ compensation claim to cover lost wages and medical expenses. What can you expect during the process?

The first thing you can probably expect is to be initially rejected. The unfortunate reality is that many legitimate claims are initially denied by employers or their workers’ compensation insurance carriers.

Before any rejection, though, you can expect to pay a visit to a company-selected doctor. Once you’ve notified your employer of your injury—this should be done as soon as possible and always within 30 days—your employer will immediately turn the matter over to the company’s workers’ compensation insurance provider. As a routine matter, you’ll have to meet with a company physician, explain what happened, and tell the doctor about any medical problems you have. At the same time, though, you can schedule an examination by a doctor of your own choosing.

The workers’ compensation insurance company will take the recommendation of its own doctor when initially determining to grant or deny your claim. If your claim is granted, you’ll start to receive benefits within a couple weeks. The amount will be based on the degree of your disability—is it partial or full?—as well as the anticipated duration of your injury—is it temporary or permanent.

If your claim is rejected and you disagree with the denial, you have the opportunity to seek a reconsideration. You can ask for a formal or an informal hearing. In both instances, there will be a workers’ compensation judge present. The recommendation at an informal hearing is not binding on either party, but the recommendation issued at a formal hearing is binding.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.