Legal Question in Workers Comp in New Jersey

Re: No released by Primary Doctor

In New Jersey, any employee, (even if you are a construction worker, secretary or injured in a car accident while working), injured at work, regardless of fault, may be entitled to three benefits:

1. Free medical care;2. Pay while unable to work; and 3. A cash settlement for loss of function caused by the work-related injury.

Q: How do I get medical treatment?

Except for an emergency, (a trip to the emergency room and/or hospital), your employer is to furnish you with medical, surgical and other treatment and hospital services that are necessary to cure and/or relieve you of the effects of an injury and to restore the functions of an injured part, member or organ of your body where such restoration is possible. The employer, and more specifically, your employer�s workers� compensation insurance company, is responsible for and can control, authorize or de-authorize medical care for the injured worker. The employer and/or the insurance carrier may use any number of methods to provide medical care including a primary physician and clinics and/or managed care organizations. In order for you to receive medical treatment and to have your employer or your employer�s workers� compensation carrier pay for your medical bills, you must go to the doctors authorized by your employer or your employer�s workers� compensation insurance company.

Q: Can you see your own doctor?

A: The answer to this question is generally �Yes�. You may see you own doctor if your employer or employer�s insurance company has notice of a particular doctor�s care and has not de-authorized the same or specifically told you that you have to see a particular doctor only. If there is a dispute between doctors as to what car you need, the issue may have to be decided by a judge.

Q: How long do I have to file a claim for Workers� Compensation benefits?

A: The Statute of Limitations or the time period in which you must file a claim for New Jersey Workers� Compensation benefits is generally two (2) years from the date of the accident.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the

Commonwealth of Pennsylvania. The information contained in this response is intended to

provide general information regarding a general legal question. This information contained in the

response is not to be construed as legal advice and you should not rely upon any information as

legal advice. Legal advice can only be obtained through a complete consultation with my office

or an attorney admitted to practice law in your State. Any information obtained through this

response should not be deemed to create any attorney/client relationship.

Please contact me for a free initial consultation.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock DriveSuite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

Re: No released by Primary Doctor

If your wife was commuting to work, had not actually started to work, she is not entitled to workers compensation benifits. If her employer is subject to the family leave act, then they would be required to hold her job for 90 days. If not they have no legal obligation to hold her job. Under your auto insurance, you may have coverage for most of the wages lost by her disability. In addition she can make a claim against the driver that caused her injury for any additional lost wages and also may be entitled to compensation for pain and suffering. Under these circumstance you should consult with an attorney to get precise answers to these questions.

Stark & Stark has been reresenting injured victims for 70 years. Please call for a free consultation.