Why do I need a lawyer to file a workers’ compensation claim?

If you have been injured on the job, you may be entitled to workers’ compensation benefits. The workers’ compensation system is complex, and you need a skilled workers’ compensation lawyer to ensure that your claim is approved and that you receive the correct amount of benefits.

The workers’ compensation system is an insurance-based program. Under state law, employers must purchase workers’ compensation insurance to ensure they have adequate resources to cover the expenses of an injured worker’s claim. Thus, when you file a workers’ comp claim, the decision of whether to approve your claim is not only up to your employer; the insurance company also has a say.

Insurance companies are profit-motivated, and, because of this, they are always on the lookout for ways to deny claims or reduce the value of a claim. According to a recent study, about seven percent of all workers’ compensation claims are denied. Below are a few common reasons why claims are denied:

• The worker missed a critical filing deadline;
• The insurance company claims that the worker’s injury did not occur while the worker was in the course of employment; and
• The insurance company claims that the injury fell outside the scope of the workers’ compensation laws.

A lawyer can help you get around the most common reasons for denial and can also negotiate with the insurance company to ensure you receive the full amount of benefits you are entitled to. In some cases, once you accept a workers’ compensation settlement, you cannot reopen the case to ask for additional compensation. Thus, it is critical that you speak with a lawyer before accepting any offer extended by the insurance company.

Another reason why you need a workers’ compensation lawyer is that you may have a claim against someone other than your employer. Generally, you cannot file a personal injury lawsuit against your employer because a workers’ compensation claim is your sole remedy against your employer. However, if some other third party(s) caused your injuries, you may be entitled to pursue a claim against that third party. Typically, third-party personal injury lawsuits provide for greater damage awards, including compensation for any pain and suffering you endured as a result of the accident.

Other Workers’ Compensation FAQs:

• Am I Allowed to Choose My Doctors For My Workplace Injury in New Jersey?
• Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
• Are Longshore Workers Eligible For Workers’ Compensation in New Jersey?
• Are Minors Entitled to Workers’ Compensation Benefits?
• Are Minors Injured in a Work-Related Accident Eligible to Receive Workers’ Compensation Benefits in New Jersey?
• Are Workers’ Compensation Benefits Taxable?
• Can A Workers’ Compensation Lawyer Help Me Obtain Benefits and A Settlement Award?
• Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?
• Can CNAs or RNs Attacked by Patients Receive Workers’ Comp Benefits For Their Injuries?
• Can I Choose My Doctor For My Workers’ Compensation Claim in New Jersey?
• Can I File a Third-Party Lawsuit For My New Jersey Workplace Injury?
• Can I Get Workers’ Compensation When A Coworker Assaults Me?
• Can I Receive Workers’ Compensation For A Gradual, Repetitive Use Injury?
• Can I Reopen My Workers’ Compensation Case?
• Do I Need A Doctor’s Approval to Return to Work?
• How Does a Workers’ Compensation Lawyer Get Paid If the Injured Worker Is Totally Disabled in New Jersey?
• How Does A Workers’ Compensation Lawyer Get Paid?
• How Much Do Workers’ Compensation Lawyers charge in New Jersey?
• How Much Does a Lawyer Make Off of a Workers’ Compensation Claim?
• How Much Does a Workers’ Compensation Lawyer Charge in New Jersey?
• I Was Terminated While Out of Work Due to an On-the Job Injury; What Are My Rights?
• If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
• Is My Injury Considered A Permanent Partial Disability?
• Since I Cannot Perform the Job I Did Before the Injury, Can I Return to Work in a Different Capacity, and How Would That Impact Future Compensation?
• The Workers’ Compensation Doctor Has Released Me For Light Duty Work, But My Employer Told Ne There Is No Light Duty Work Available. What Should I Do?
• What Do I Do If I Get into a New Jersey Car Accident While Working?
• What Does A Workers’ Compensation Lawyer Do For You?
• What Does A Workers’ Compensation Lawyer Do?
• What Does A Workers’ Compensation Lawyer Need to Know?
• What Does AWW Mean Under Workers’ Comp? (Average Weekly Wage)
• What Does FCE Mean Under Workers’ Comp? (Functional Capacity Evaluation)
• What Does IME Mean in Workers’ Comp? (Independent Medical Examination)
• What Does MMI Mean in Workers’ Comp? (Maximum Medical Improvement)
• What Does PPD Mean in Workers’ Comp? (Permanent Partial Disability)
• What Does TTD Mean in Workers’ Comp? (Temporary Total Disability)
• What Happens When Using A Lawyer For A Workers’ Compensation Claim?
• What Happens When You Get A Workers’ Compensation Lawyer?
• What Is A Workers’ Compensation Lawyer?
• What Kind of Information Does A Workers’ Compensation Lawyer Need From You?
• What Should I Do If My Employer Refuses to Open Up a Workers’ Compensation Claim?
• What To Do If Your Employer Will Not Report Your New Jersey Accident to the Workers’ Compensation Carrier?
• What to Expect in Your Free Consultation with a Workers’ Compensation Lawyer?
• What Type of Documents Do I Need to Sign to Allow My Workers’ Compensation Lawyer to Accept My Settlement?
• What Will A New Jersey Workers’ Compensation Attorney Do For Me?
• What Workers’ Comp Benefits Can I Receive If I’m Unable to Work or Return to Work?
• When Do I Need A New Jersey Workers’ Compensation Lawyer?
• When Do Workers’ Compensation Payments Stop?
• When To Get A Lawyer For TBI Workers’ Compensation?
• When To Get A Workers’ Compensation Lawyer?
• While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
• Why Do I Need a Lawyer to File a Workers’ Compensation Claim?
• Why Do I Need A Lawyer to File For New Jersey Workers’ Compensation?
• Why Should I Have A Workers’ Compensation Lawyer?