New Jersey law requires the vast majority of in-state employers to either purchase insurance or provide self-insurance for their employees’ work-related injuries. This is the system known as “workers’ compensation.” When you suffer an injury on the job, you can file for workers’ compensation benefits in order to obtain financial coverage for your
● Medical expenses
● Temporary disability if you need time off from work to recover from your injuries
● Permanent full or partial disability if your injuries prevent you from performing your previous job duties, reentering the workforce, or cause a significant loss of function
The workers’ compensation system is important to New Jersey workers because it allows them to obtain benefits without having to prove that their employer’s negligence (as is typically required for injury-related claims). However, in exchange for the benefits of this “no-fault” system, employees are subject to certain restrictions as well, which is why we always recommend that you seek legal counsel as soon as possible to assist you with the worker’s compensation process.
Suffered an Injury on the Job? You MUST See Your Employer’s Chosen Medical Provider
One of these restrictions is a requirement to seek treatment from your employer’s chosen medical provider. Under New Jersey’s workers’ compensation law, employers and their insurers have the right to select the physicians who treat their employees’ job-related injuries. As a result, when you suffer an injury on the job, it is important to report the incident to your employer right away. If you do not report your injury and you see your own doctor, your employer may be within their rights to deny your workers’ compensation claim.
Some employees worry that this process will require them to wait to receive treatment, possibly worsening their injuries or preventing them from making a full recovery. However, the law prevents employers, insurers, and health care providers from delaying or conditioning treatment upon processing of workers’ compensation claims. If you have not already secured an attorney and you experience a delay in treatment for a work-related injury after filing a claim with your employer, you should seek experienced legal help right away.
What If It is an Emergency?
Emergency situations are an important exception to this general rule. If you experience an emergency, you have the right to receive medical treatment, and, if necessary, go to the hospital. In these cases, you can still receive workers’ compensation even if your treating physician has not been pre-approved by your employer. However, it remains critically important to contact your employer as soon as possible.
In addition, in these situations, your employer or its insurance company may argue that your injuries did not actually warrant emergency treatment – and try to deny your claim for benefits. If this happens to you, you should hire a knowledgeable workers’ compensation attorney to help with your claim.
Contact Us for More Information about Filing for Workers’ Compensation in New Jersey
The attorneys at Petro Cohen, P.C. provide passionate and aggressive representation for individuals who are entitled to workers’ compensation. Your employer and their insurance company will be fighting to minimize your benefits – let us turn the tables and fight for you. To schedule a free, no-obligation consultation, call (888) 675-7607 or contact us online today.
Loading...