There are two types of appeal claims you can file
A job injury can result in missed work and unneeded financial stress. If you filed for workers’ compensation in New Jersey and were denied, do not lose hope.
An experienced workers’ compensation attorney in New Jersey can review your case and determine if you should file an appeal. Depending on the facts of your case, there are two types of appeal claims you can file: informal and formal.
Formal claim
If your workers’ comp application is denied, you can file a formal appeal claim with the New Jersey Division of Workers’ Compensation. Six months after you file, you must attend a hearing before a judge. During this time, you will have the opportunity to testify and present evidence in court.
You must file your appeals claim within two years from the date of your injury. You can download the paperwork from the Department of Labor and Workforce Development.
Informal claim
Should you wish to avoid the formal process, court, etc., you can request an informal hearing before a worker’s compensation judge. You can file your application online with the Department of Labor and Workforce Development.
Since the claim is informal, the judge will make recommendations about your case, but will not make any formal judgment. Sometimes, filing an informal claim is enough to resolve issues regarding disability benefits or medical care. Also, you can file a formal claim if your informal hearing fails to resolve your workers’ comp appeals case.
Difference between informal and formal claims
Unlike formal hearings that involve testifying and presenting evidence in court before a judge, informal hearings are less involved. Informal hearings are similar to mediation in that they cost less, take less time, and involve resolving issues through discourse. Lastly, in a formal hearing, the judge’s decision is final, while in an informal hearing, the judge can only offer suggestions.
When you are injured on the job, you have a right to receive the workers’ compensation benefits you need to maintain your financial stability and recover from your injury. If your claim is denied, it is essential to seek legal representation so you can appeal the denial.
Contact experienced workers compensation attorneys in NJ
At Kreizer Law, we are committed to helping injured workers recover compensation. Whether you need help filing for workers comp, or appealing a denied application, you can trust us to advocate for your rights. If your claim was denied, we can guide you through each step of the appeals process.
Call 1‑(800)-4-JUSTICE® –1-(800)-458-7842 or contact us online to discuss your case with a skilled attorney today.