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From the firm

Steps to a Workers’ Compensation Appeal

When a workers’ compensation claim is disputed, understanding the available process can help you determine what to do next. In New Jersey, disagreements may involve whether an injury is considered work-related, the type or extent of medical treatment, or the payment of temporary disability benefits.

The New Jersey Division of Workers’ Compensation provides procedures for resolving these disputes, including formal Claim Petitions and Applications for Informal Hearings.

You can also learn more about Salomon & Aquino’s Workers’ Compensation services.

Review the Workers’ Compensation Decision

If questions arise regarding a workers’ compensation claim, start by carefully reviewing the information provided by the employer or insurance carrier.

Understanding why a benefit, treatment request, or other part of the claim is being disputed can help determine which documents and information may be relevant to the next step.

Keep copies of correspondence, medical records, accident reports, wage information, and other documentation related to the workplace matter.

Gather Documentation for the Workers’ Compensation Dispute

Documentation can play an important role when addressing a disputed workers’ compensation matter.

Depending on the circumstances, useful records may include:

  • Workplace accident reports
  • Medical records related to the work incident
  • Communications with the employer or insurance carrier
  • Wage and employment records
  • Names of witnesses
  • Notices or decisions involving the claim

New Jersey provides specific forms and procedures for workers who need to pursue a formal claim or other workers’ compensation matter.

Understand Your Options for Resolving a Workers’ Compensation Dispute

When an employee and an employer or insurance carrier disagree about workers’ compensation benefits, New Jersey allows the worker to pursue either a formal Claim Petition or an Application for an Informal Hearing, depending on the circumstances.

A formal claim is assigned to a Judge of Compensation. If the matter cannot be resolved before trial, testimony and other evidence may be presented before the judge issues a decision. Decisions from a formal workers’ compensation trial may be appealed to the Appellate Division of the Superior Court.

Because the appropriate process depends on the specific facts of the matter, understanding the available options before proceeding is important.

Speak With a Workers’ Compensation Lawyer in Paterson, NJ

A workers compensation lawyer in Paterson, NJ can review the circumstances surrounding a disputed claim, explain the applicable process, and help you understand the options available under New Jersey law.

Salomon & Aquino, LLC provides workers’ compensation legal guidance from its Paterson office for individuals navigating workplace-related claims and disputes.

Learn more about our Workers’ Compensation practice or contact our Paterson office to discuss your matter.

Call 862-418-1336 to schedule a consultation.