Settling Workers’ Compensation Disputes

The workers’ compensation system is intended to be simple: injured workers can fill out claims and receive repayment for their medical expenses and missed work. However, the truth is that disputes between workers, employers, and insurance companies are inevitable. When these disputes arise, claim seekers have two basic options in the state of New Jersey: a formal or informal hearing.

Causes of Workers’ Compensation Disputes

You may have grounds for a workers’ compensation claims dispute if you have received a compensation offer than does not cover all of your medical expenses; your employer does not agree that you were injured at the workplace; or your employer does not believe you need disability benefits.

Settling disputes like these on your own can be very difficult. For information and experienced advice that can increase your chances of success, call the New Jersey workers’ compensation attorneys of Levinson Axelrod, P.A. at 800-346-5529.

Workers’ Compensation Dispute Remedies

The first steps to settle a workers’ compensation dispute can be taken by an injured worker, an employer, or a workers’ compensation insurance provider. If you are trying to settle such a dispute, your options are:

• Speak with your employer or their insurance provider directly – If the problem is a simple misunderstanding or paperwork error, you may be able to settle the issue without involving the legal system.
• Apply for an informal hearing – This hearing will be overseen by a judge from the New Jersey Division of Workers’ Compensation. After hearing testimony from you and your employer or insurance company representative, the judge will issue a non-binding recommendation. You and the other party can either agree to follow this recommendation, or move on to a formal hearing.
• Apply for a formal hearing – This is a kind of trial overseen by a workers’ compensation judge. He or she will try one more time to negotiate a compromise during the pretrial phase. If this is not successful, the judge will then hear evidence from both sides and issue a legally binding settlement.

There is a two year statute of limitations for filing an application for a workers’ compensation hearing. If you and your employer are experiencing a settlement dispute, you need to speak with an experienced New Jersey workers’ compensation lawyer as soon as you can.

Contact Us

Having the right representation can increase your chances of a successful negotiation. Contact the New Jersey workers’ compensation lawyers of Levinson Axelrod, P.A. today at 800-346-5529.