Common Ways that You Can Have a Claim Rejected or Terminated
When you have been hurt on the job in New Jersey, you have a right to seek compensation under the state’s workers’ compensation laws. As a general rule, you don’t have to prove that your employer was careless or negligent. You’ll be eligible for benefits if you can show that you were hurt and that your injury was sustained during the course of your employment. There are, however, ways that you can lose the right to recover workers’ compensation benefits. Here are the most common mistakes injured workers make:
- Failing to notify your employer of a work-related injury—Don’t ever assume that your employer knows that you were injured, even if you were taken to the hospital in an ambulance. If at all possible, provide notice to your employer before you leave the scene of the injury. Even better, hire an experienced work comp attorney immediately and let them notify your employer.
- Failing to file your claim in a timely manner—The workers’ compensation laws require that you submit your claim within a certain number of days. Of course, the longer you wait, the longer it will be before you receive any benefits. Typically, your claim must be filed within 30 days, but you may get a little more time with proper justification. However, delaying your claim more than three months will likely lead to a denial.
- Ignoring doctor’s orders—If your claim is approved, but you don’t follow the recommendations of your treating physician, your benefits may be terminated. Don’t be surprised if your employer hires a private investigator to snoop around by your house, looking for evidence that you’re not following doctor’s orders.
- Failing to be evaluated by a company-selected doctor—You’ll ultimately have the right to choose your own treating physician, but you may have to submit to an examination by a doctor chosen by the work comp insurer or your employer.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.