Denial and Delay of Workers Compensation Claims in New Jersey
When a person suffers a workplace injury or contracts an occupational disease, it is critical for the person to begin receiving workers’ compensation benefits as soon as possible. While many workers’ compensation claims are handled in a prompt manner, some insurers delay evaluating or unjustly deny claims.
If you filed a workers’ compensation claim in New Jersey and it is being delayed or denied, you should reach out to our lawyer right away. Daniel Santarsiero, Esq. is skilled at handling these issues, and we will zealously pursue any benefits that are rightfully yours.
Call (934) 200-5372 or contact us online today.
Common Reasons Workers Comp Claims Are Denied
The list of reasons employers and insurers use to deny or delay claims is long. Here are some of the most common allegations our office deals with:
- Insufficient evidence: Without detailed medical records and documentation linking the injury to the workplace, insurers may question the claim's validity. We’ll work with you to establish the connection between your employment and your injury.
- Pre-existing conditions: If the insurer believes the injury is related to an existing health issue rather than a workplace incident, they may deny the claim. However, if it can be shown that the workplace aggravated the pre-existing condition, you can still collect benefits.
- Lack of cooperation with medical treatment: Failing to follow prescribed medical treatment or attend scheduled medical appointments can result in a claim denial.
- Claim discrepancies: This includes conflicting statements about how the injury occurred or differing accounts between the employee's report and medical records.
- Lack of witnesses: When no one else saw the accident happen, the insurer might doubt the legitimacy of the worker's account. Providing available evidence, such as surveillance footage or corroborative statements from colleagues, can help.
Whatever the reason being used in your case, we’ll work with you to deal with it.
Why Choose Daniel Santarsiero NJ Workers' Compensation Lawyer? Our Commitment to Your Recovery
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Start with a Virtual ConsultYou don't need to come to our office. We can meet virtually!
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24/7 Help AvailableDon't hesitate! Give us a call whenever you need legal help.
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We Offer Contingency FeesYou don't pay our firm a dime unless we win for you.
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We're a Spanish-Speaking TeamOur law firm is dedicated to providing Spanish language services.
Hear From Our Happy Clients
At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Hard Work & Dedication"Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.- Zalana K.
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"A Great Experience!"I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.- Larry W.
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"Highly Recommend!"He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!- Barbara A.
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"He is Amazing!"He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.- Amanda A.
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"A Blessing!"He sure will go to bat for someone he believes in. I would recommend him over and over again.- Eileen H.
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"Very Satisfied!"I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.- Lucas Vieira A.
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"Definitely Recommend!"I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.- Russ D.
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"The Best Results!"He resolved any concerns and concluded the case within a reasonable amount of time with positive results.- Stephen C.
Penalties for a Delayed Claim
Another reason employers cite as a reason for denial or delay of claims is that they were not notified of the injury in a timely manner. If you are injured at work, you must notify your employer of your injury as soon as possible or no more than 14 days after the injury.
However, even if an employer receives the notice within 30 days of an injury, they cannot argue that late or defective notice exempts them from paying the claim unless it can show prejudice caused by the delay.
Similarly, if an employer receives notice of a claim within 90 days, and the employee can show that the failure to provide timely notice was due to a mistake, inability, or any other reasonable excuse, the employer must pay benefits unless it shows that it was prejudiced by the failure to receive notification earlier.
When claims are unjustly denied or delayed, the insurer must pay the injured employee additional funds in the amount of 25% of the amount due, plus reasonable attorneys’ fees. Under New Jersey’s Workers’ Compensation Law, a delay of 30 days or more creates a rebuttable presumption that the conduct of the employer’s workers’ compensation insurer was negligent and unreasonable.
About New Jersey Worker's Compensation Lawyer
It is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.
Contact Our Work Injury Attorney
Workers ' compensation benefits can provide much-needed relief when a person suffers a work-related injury or illness. If your claim was denied or delayed in New Jersey, reach out to our office as soon as possible. Daniel Santarsiero, Esq. has been helping injured workers across Monmouth, Ocean, and Middlesex counties and throughout the state of New Jersey since 1993.
Call (934) 200-5372 today. We work on contingency, so we only collect if you collect.