3 common disputes in workers’ compensation cases

On Behalf of | Aug 15, 2023 | Workers' Compensation

If you are injured while in the line of duty, you should report the injury to your employer or anyone in authority. Your employer will report the case to their insurance company who will direct you to a medical provider upon accepting the claim.

However, your process may not be this smooth as you may disagree with your employer or their insurer about certain issues, including: 

The injury/illness being work-related

Your injury or illness should be work related to be compensated. This is why it’s vital to report an accident immediately after it happens – your employer can see your injuries and the accident scene before anything changes. Witness statements and video footage can also help you prove your injury is work-related.

If you contract an occupational disease, you should inform your employer immediately after you notice the symptoms. This will establish the link between your job and the illness or how your work activities aggravated an existing condition. 

Your employer or the insurance company may argue your injury or illness is not work-related if you lack evidence to prove otherwise.

Medical treatment

Medical treatment (the type and extent of treatment) is another contributing factor to disputes between an injured worker and their employer and/or the insurer. For instance, the latter parties may disagree with a treatment the assigned doctor thinks the employee needs or refuse to cover ongoing medical expenses.

Payment of temporary disability benefits 

In New Jersey, if the time out of work due to a work-related injury or illness extends beyond 7 days, an employer should provide the employee with temporary disability benefits. Your employer may not agree to this, which can result in a dispute.

If you are in a dispute with your employer or their insurance carrier over your right to workers’ compensation benefits, consider getting legal help to make informed decisions.