Princeton New Jersey Workers' Compensation Lawyers
Your Workers' Compensation Medical Exam
The initial medical exam in a New Jersey workers' compensation case is very important, because any payments are likely to depend on the doctor's diagnosis. Unfortunately, New Jersey law gives the employer the right to choose the doctor you'll see after an injury. In fact, medical care provided through the workers' compensation system is entirely under the control of the employer and its insurance company. This can cause serious problems in cases where the employer or insurance company -- and its doctor -- is willing to break the rules or bend the facts in order to avoid paying a legitimate claim.
Under state law, your employer must pay 100 percent of your medical costs for any New Jersey work-related injury. But the law also gives your employer the right to choose the doctor you'll see to determine what that injury -- and its costs -- might be. In fact, unless there's an emergency, you must ask your employer or its insurance company in advance to authorize treatment by that doctor. And after the diagnosis, your employer is legally required to pay only for the treatments that its chosen doctor recommends.
Because you're most likely to see a doctor paid by your employer's insurance carrier, it's important to realize that he or she may not be completely objective. This could be the case if this doctor doesn't diagnose you with any injury or illness at all, or with an injury that's less serious than you expected. Your medical insurance may not cover a second opinion or other unauthorized treatment, or may seek payment from any workers' compensation insurance lawsuit you might later win.
If your claim is denied altogether and the doctor finds that you need no care at all, you and your Princeton workers' compensation attorney may appeal to the state workers' compensation court. That court has the power to order coverage reimbursements for wrongly denied claims, as long as the charges are reasonable and necessary. Workers can also sometimes appeal their employers' choices of doctor to the workers' compensation court, but only if you can show that the doctor's treatment was incompetent, inadequate or detrimental to your health. In some cases, you may also be able to file a New Jersey workers' compensation lawsuit. But in all cases, you and your workers' compensation attorney should be sure to negotiate hard with your employer from the beginning. Because insurance companies know going to court is expensive, just hiring an attorney is often enough to change their approach to your case.
Based in Princeton, Lependorf & Silverstein has practiced law in New Jersey for 15 years. We're proud to be able to say we've won millions for clients who have suffered serious injuries or wrongful deaths through no fault of their own, including many cases of clients injured at work. Thanks to our experience, we understand the legal, medical and bureaucratic complexities of New Jersey workers' compensation law -- and we're not afraid to hire experts when necessary to prove your case. And we offer free, no-obligation consultations, so there's never any risk in meeting with our experienced workers' compensation attorneys to discuss your rights and your case.
If you or a loved one has suffered from a workers' compensation injury in New Jersey, contact Lependorf & Silverstein today for a free consultation.