Getting hurt at work creates both mental distress and confusion for employees. The process of medical treatment, insurance paperwork, and emotional healing creates opportunities for mistakes which threaten your workers’ compensation benefits and rights.
The workers’ compensation attorneys at Pellettieri Rabstein & Altman assist numerous employees handle their workplace injuries while safeguarding their rights under New Jersey law. The following article outlines critical errors to stay away from when dealing with workers’ compensation claims with recommended actions.
Not informing their employer about their workplace injury in a timely manner
New Jersey workers who delay their workplace injury reports to their supervisors or employers make a major mistake that can impact the outcome.
- It is important to follow the established internal procedure for accident reports and incident forms when they exist.
- The initial assessment of your injury severity does not determine its potential progression to more severe symptoms.
- A documented report helps prevent future disputes about when the injury occurred and what caused it.
- You should inform your supervisor about the incident through both spoken and written communication as soon as possible.
- Keep a duplicate copy of the document for future reference.
The attorneys at Pellettieri Rabstein & Altman will assist you with all required documentation after a work related injury in New Jersey.
Choosing to skip medical evaluation because they believe their condition is minor
The delay in seeking medical help after an injury leads to substantial financial losses for workers.
- New Jersey state law requires workers to receive all necessary medical care which directly stems from their workplace injuries.
- The medical provider selection process for injured workers falls under the authority of their employer and workers’ compensation insurance company. Insurance companies will use delayed medical treatment to prove that the injury stems from non-work-related causes or other intervening factors.
- Seek immediate medical attention from the employer-selected physician or occupational health clinic following your injury or when symptoms start to appear.
- You should follow all medical treatment plans and show up for all scheduled doctor visits.
Workers who receive medical care from their employer-designated doctor must avoid seeking treatment from other providers unless they obtain proper authorization
The workers’ compensation system requires you to pay for medical services when you receive treatment from unauthorized providers after your employer or insurer selects a physician for you.
The process of getting additional medical care outside the authorized provider network becomes financially responsible for you when you receive no pre-approval.
You must submit written requests for provider changes through the workers’ compensation system to obtain approval. You can submit a medical dispute to the insurance company when they deny your treatment request.
Failing to document everything
The failure to document properly stands as a preventable mistake which occurs frequently. Insurance companies together with employers use insufficient proof as their main defense to dispute workers’ compensation claims.
- All medical documents, bills, prescriptions, and correspondence about your injury need to be stored in one place.
- Record all your symptoms together with your physical restrictions and the ways your injury impacts your regular activities.
- Record all instances of work absence and reduced work responsibilities and maintain a record of interactions with your employer and insurance provider.
- Create an organized timeline of your injury progression. All entries should include dates for documentation.
- Include photographs when relevant along with witness information and details about equipment usage and any existing incident reports.
Do not accept insurance company settlement offers too quickly without knowing the full injury extent
The insurance companies attempt to push injured workers toward accepting fast settlements with low amounts before they understand the complete extent of their injuries.
The acceptance of early settlements prevents you from seeking additional benefits in the future. Your right to future medical care and disability compensation becomes void when you accept a premature settlement. Request a free consultation from the attorneys at Pellettieri Rabstein & Altman to ensure proper representation.
Overlooking the Statute of Limitations or deadlines
Every claim has deadlines. Your rights become invalid when you fail to meet established time constraints.
- The failure to meet established deadlines will result in the loss of your rights to benefits.
- New Jersey workers’ compensation law includes specific time periods for injury reporting, claim submission, medical treatment requests, and case reopening applications.
- The two-year period following workers’ compensation judgments or settlements allows you to request case reopening when your medical condition deteriorates.
- Maintain a schedule of all relevant deadlines and follow them exactly as written. When you are unsure about any deadline you should proceed with caution.
Failure to assess third-party claims when they become relevant
Your workers’ compensation benefits serve as your sole legal protection against your employer. Workers who receive workers’ compensation benefits usually cannot sue their employer for negligence but they can pursue separate claims against outside parties who caused their injuries.
The New Jersey law prevents workers from suing their employers for negligence when they receive workers’ compensation benefits but makes exceptions for cases of intentional wrongdoing. The New Jersey Workers’ Compensation Act Section 40 provides injured workers with additional rights when another party played a role in their injuries.
Seek immediate consultation with a workers’ compensation attorney who will determine if you can pursue a third-party claim together with your workers’ compensation benefits.
Workers should not abandon their right to challenge insurance denials or disputes
The insurance companies regularly reject claims and refuse to authorize medical treatment while also paying insufficient disability benefits.
- Workers who get injured often choose to surrender their rights instead of pursuing a dispute with their insurance provider.
- Workers who get injured possess the authority to contest treatment refusals and compensation denials while seeking Division of Workers’ Compensation hearings.
- Legal professionals with experience provide essential support to workers who need to fight against insurance company opposition.
- Take immediate action by filing appeals and motions when your insurance claim gets denied.
You should hire an experienced workers’ compensation attorney right away to prevent yourself from entering into procedural errors.
How Pellettieri Rabstein & Altman Can Help
The law firm of Pellettieri Rabstein & Altman protects the rights of New Jersey workers who get injured at their jobs. Our team consists of experienced professionals who have handled numerous workers’ compensation cases including appeals, third-party lawsuits, and claim reopenings.
Our law firm provides free consultations to assist people who need help with workplace injuries. Our team will analyze your situation while explaining your entitlements before starting an aggressive fight to obtain all your rightful compensation.
Reach out to our office at (609) 622-4449 to schedule your free confidential consultation with a New Jersey workers’ compensation lawyer through our online contact form.
