If you live or work in Camden County, you may file a Claim Petition with the New Jersey Division of Workers’ Compensation to seek a review of a denied claim.
If you live in New Jersey, your claim will be assigned to a judge in the county where you live. If you don’t live in New Jersey, your claim will be assigned to a judge in the county where your employer is located.
A Claim Petition must be filed within two years of:
- The date of your injury or
- The last date you were paid compensation or received medical treatment authorized by your employer.
If both dates apply to your situation, the petition must be filed within two years of the later date. Workers who experience occupational illnesses must file a claim petition within two years of the date the worker first realized they had the condition and it was connected to their work.
The Claim Petition alerts your employer and their workers’ compensation insurer that you intend to dispute the denial. In many cases, employers and insurers agree to negotiate a settlement rather than go to court. If an agreement cannot be reached, the case goes to trial. After reviewing the evidence in your case, the judge will make a decision.
If you don’t want to file a formal petition, you may also file an Application for an Informal Hearing. The informal hearing can help settle a dispute as well. The results of an informal hearing are not binding, however. Speak to an attorney to learn how an informal hearing or a formal claim petition may affect your case.
You may choose a workers’ compensation attorney to help you with the review process. In New Jersey, a workers’ compensation lawyer may not charge a fee in advance to help with a workers’ compensation claim. The lawyer’s fee comes from any compensation award the injured worker receives.
Most New Jersey employers are represented in workers’ compensation disputes by a lawyer from their insurance company. Having an experienced attorney on your side helps to level the playing field. Your lawyer can help you fight for the compensation you deserve.