You might go through multiple hearings during a New Jersey Workers’ Compensation case. The first hearing generally comes after you make a formal claim to dispute a denied workers’ compensation claim.
Here’s everything you need to know about these hearings.
Who runs the hearing, and who attends?
The hearing will be run by a judge of compensation in the county where you live or the county where the employer is located.
You and your lawyer will attend, as will the insurance company’s lawyer. Witnesses will also attend. This could include your supervisor, co-workers, expert witnesses, or other relevant parties.
Will the judge help me get aid right away?
Your attorney can ask the judge to grant you immediate aid with a Motion for Medical and Temporary Benefits.
This motion asks that the employer and the insurance company provide you with immediate benefits while the dispute takes place.
Is the hearing the same as a trial?
No. If you and your employer are unable to resolve or settle your workers’ compensation claim out of court, you will eventually receive a formal workers’ compensation trial. The trial works like any trial, with both sides calling witnesses and presenting evidence to make their case. Each lawyer will get a chance to cross-examine the other party’s witnesses.
A good workers’ compensation lawyer starts preparing for trial as soon as you retain their services, even though many cases do not go to trial. Most will settle out of court. Often, you will go through a mediation process before commencing with a trial.
If the case does go to trial, the judge will rule on all of the issues under dispute, from whether the claim is compensable to whether you are disabled enough to warrant benefits. Your lawyer can go over the specific issues relevant to your case.
Get Help Today
You don’t want to leave your workers’ compensation case to chance. Your only chance to receive benefits will be to work with a qualified workers’ compensation lawyer. You have just two years from the date of your first incident report to dispute workers’ compensation decisions, so there’s no time to waste.
We offer free consultations and case reviews, so you don’t have to do guesswork about whether or not your case is strong enough to proceed. If your claim is being denied or delayed, contact us today.