State and federal law mandate that employers have workers' compensation insurance. This type of insurance is purchased by employers to cover losses incurred by employees in the case of a work-related injury. It typically provides reimbursement for related medical expenses, lost wages, and potential future earnings.
In exchange for receiving workers' compensation benefits, employees waive their right to sue their employers for any injuries experienced at work. Additionally, even though it covers medical expenses, workers are not eligible for pain and suffering damages. This is typically how workers' compensation works in many states, including New Jersey.
However, other questions may arise, such as whether you can choose your own doctor, or if you can even file a workers' comp claim if you don't see a doctor. We will answer these questions in the following article. However, it's important to talk to a NJ workers' comp lawyer if you have any questions about your claim or if you need legal help. We have an experienced team of lawyers at Brandon J. Broderick, Attorney at Law to assist you. We are one phone call away.
Can I File for Workers' Comp Benefits Without Seeing a Doctor?
The answer is generally no. You can file a claim petition as a first step. What is a claim petition? If your employer's workers' compensation insurer rejects your injury claim, a claim petition is sent to the Workers' Compensation Office of Adjudication. If you are hurt while working, you should immediately notify your employer, who will then forward your claim to their workers' compensation insurer for approval or denial.
You must have a doctor's written statement that says your injury is related to work to submit the claim petition. In addition to needing a doctor's note or report, if you are out of work and claiming disability that could continue longer than a year (52 weeks), the doctor will also need to testify on your behalf, otherwise referred to as a "medical deposition". A trial will be scheduled by the assigned workers' compensation court. Typically, you have 90 days to take your doctor's deposition, and the employer will have 90 days to do the same.
Who Is The Employer's Doctor?
The workers' compensation insurer will select an Independent Medical Examiner (IME) physician to conduct a single examination of you while also examining your medical history. The physician will compile a report and then testify based on it.
Attorneys on both sides and a court reporter will be present while each doctor testifies in his or her office to record all questions and responses. The deposition transcripts that will be used as evidence by the lawyers will subsequently be prepared and sent by the court reporter. The judge will decide which doctor he or she believes to be more credible if your case proceeds to a determination with the designated workers' compensation judge. You will win your claim petition to obtain both income loss and medical benefits, if applicable, if your doctor is determined to be more credible.
The only time a doctor's deposition is not required is if you want or need to limit the duration of your claim to only 52 weeks. As a result, you may only be qualified for workers' compensation benefits for a period of 52 weeks (one year). Your doctor does not have to give testimony, but you still need a report from them proving that your injury is related to your job.
New Jersey Law Requires You To See A Doctor
An injured worker has the right to seek emergency or urgent care from any medical professional, but under New Jersey state law, they must continue seeing the doctor designated by their employer or insurer.
It makes sense that someone would rather choose to visit their family physician over a complete stranger. A family doctor will be familiar with the patient's medical history and have a good relationship with them. Unlike a family doctor or general practitioner, a doctor hired by an insurance company might not be as familiar with the patient's past.
What If I Refuse to See a Company Doctor?
If you are the injured employee, you probably feel as though you shouldn't be forced to see a doctor if you don't choose yourself. Unfortunately, workers' compensation will not pay for the expense of the injured party's medical care if they see their own personal doctor. Instead, you will have to pay for it yourself. Sadly, if they need to take time off of work to heal, they might not be eligible for Workers' Compensation either.
Get Help From Brandon J. Broderick For Your New Jersey Workers' Compensation Case
Throughout New Jersey, New York, and Connecticut, Brandon J. Broderick, Attorney at Law, is dedicated to assisting customers with their workers' compensation cases. We have the resources and years of experience required to help you get a successful outcome in your case.
Contact us right away for a free consultation.