What To Do If You Were Hurt At Work And Your Boss Says You Are Not Covered

Getting injured on the job is stressful enough, but what happens when your employer tells you you’re not covered under workers’ compensation? It can feel like the rug is pulled out from under you. At Rudnick, Addonizio, Pappa & Casazza, our NJ workplace injury lawyers have seen how confusing and discouraging these situations can be for hardworking New Jersey employees. The good news is that you still have rights and you still have options. In this post, we’ll explain what steps to take, how to protect yourself, and how our team can help you get the benefits you deserve.

Why Your Employer Might Say You’re Not Covered

First, let’s explore why a boss might claim you’re not covered. Some common arguments include:

• They claim you were an independent contractor, not an employee.
• They argue your injury did not occur in the course of employment.
• They say your job is exempt under the statute (less common).
• They challenge whether you gave timely notice or complied with procedural requirements.
• They allege the injury was preexisting or unrelated to your work duties.

Sometimes a denial is legitimate, but often it’s an attempt to avoid responsibility. That’s why you need to protect your rights from the start.

1. Don’t Let Their No Stop You, Report the Injury Immediately

What to Do If Your Employer Refuses to File a Report

Even if your employer says you aren’t covered, you should:

• Notify your employer in writing as soon as possible about the injury.
• Document exactly when, where, and how it happened (date, time, location, what led to the injury).
• Seek medical attention promptly and keep all medical records.
• Keep your own journal of symptoms, doctor visits, treatments, and any costs or lost wages.

Under New Jersey law, failure to report an injury in a timely way can be used by the employer or insurer as a defense, but delayed reporting is not always fatal to your claim, especially if you have strong evidence.

2. File a Workers’ Compensation Claim Anyway

What Happens After You File Your Claim

Even if the employer denies coverage, you should still file a workers’ compensation claim through the New Jersey Division of Workers’ Compensation (DWC). Here’s why:

• Under New Jersey law, the insurance carrier must acknowledge and process your claim.
• If the claim is denied or disputed, the carrier must state the reason, and you can challenge the decision by filing an Application for an Informal Hearing or a Claim Petition with the DWC.
• Filing preserves your rights, including the ability to appeal.
• Filing also requires the insurer to formally justify any denial rather than informally dismissing your claim.
• When filing, include all relevant documentation: medical records, employer notice, witness statements, and your written account of the injury.

3. Gather Strong Supporting Evidence

Medical Proof: Connecting Your Injury to Your Job

Your case will be more persuasive if you back it with:

• Medical reports and opinions tying your injury to work.
• Witness statements, especially from coworkers or supervisors who saw the incident.
• Employment schedules and records showing your typical tasks and hours.
• Time records, logs, emails, or texts indicating your presence or assignment at the workplace when the injury occurred.
• Any documentation that contradicts your employer’s denial, such as policies or communications that show you’re treated as an employee.

The stronger your factual and medical support, the harder it is for opposition to dismiss you.

4. Retain an Experienced Workers’ Compensation Lawyer

How an Attorney Levels the Playing Field Against Employers and Insurers

At this stage, you’ll benefit greatly from legal counsel. An experienced attorney can:

• Evaluate whether your employer’s denial has any legal basis or is simply a tactic.
• Prepare and file the proper forms and petitions with the DWC.
• Represent you at hearings (informal and formal).
• Cross-examine witnesses, counter weak arguments, and stay ahead of critical deadlines.
• Explore third-party claims, if someone other than your employer contributed to your injury (e.g. a contractor, equipment manufacturer, negligent third party).
• Negotiate fair settlements when appropriate, or take your case to a full hearing when necessary.

You should not try to navigate these legal complexities on your own. Mistakes can delay, reduce, or even bar benefits under New Jersey law, so consulting a New Jersey workers’ compensation attorney early is critical.

5. Understand the Hearing & Appeal Process

What to Expect During the Workers’ Compensation Hearing Process

Because your employer and insurer may resist, your claim may not be accepted outright. Here’s how the process often unfolds:

• Informal Hearing (DWC): This is a relatively quick proceeding in which both sides present testimony and documents, and a judge makes nonbinding recommendations.
• Formal Hearing (DWC): If the informal stage fails, a formal hearing functions more like a trial. Evidence, witness testimony, and medical experts are presented under oath, and the judge renders a binding decision.
• Appeal if Needed: If the decision is unfavorable, your attorney can appeal to the New Jersey Superior Court’s Appellate Division, subject to strict deadlines.

At each stage, procedure, credibility of evidence, and legal arguments matter. You’ll want someone in your corner who knows how to push back effectively.

6. Explore Alternative or Supplemental Claims

Other Legal Options That May Strengthen Your Case

If workers’ compensation is denied or limited, your attorney may explore:

• Third-party lawsuits (for example, if a machine defect or contractor’s negligence played a role).
• Discrimination or retaliation claims, if your employer took adverse action against you for filing a claim.
• Benefit motions (such as a “Motion for Medical and Temporary Benefits”) to secure interim medical care and wage support while litigation continues.

These alternatives don’t replace your core workers’ compensation claim; they supplement or run alongside it.

What You Should Avoid Doing

Common Mistakes That Can Hurt Your Claim

• Don’t delay reporting your injury or seeking medical care.
• Don’t let your employer talk you out of filing a claim.
• Don’t sign waivers or releases before consulting a lawyer.
• Don’t accept a low offer without assessing all your future costs (medical, disability, lost wages).
• Don’t miss deadlines. Strict time limits apply in both workers’ compensation and appeals cases.

When Rudnick, Addonizio, Pappa & Casazza Can Help

If your employer claims you’re not covered under workers’ compensation, you don’t have to face this alone. At Rudnick, Addonizio, Pappa & Casazza, our NJ workplace injury lawyers know how to challenge denials, from independent contractor arguments, scope-of-employment disputes, to procedural defenses. We’ll:

• Review your situation and advise whether you should be covered.
• File your claim properly and aggressively.
• Handle hearings, appeals, and cross-examinations.
• Pursue all available avenues (including third-party claims) to maximize compensation.
• Keep you informed, guide you step by step, and fight for fair treatment.

We serve clients across Monmouth, Middlesex, and Ocean counties, including Hazlet, Red Bank, East Brunswick, and nearby communities.

Contact us today for a free consultation. Don’t let a “no coverage” argument stop you from pursuing the benefits you deserve. Our team can help you protect your right to medical care, wage benefits, and full compensation.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.