Legal Question in Workers Comp in New Jersey

workers comp back injury

I hurt my back at work on Friday 3/11/05. It did not bother me to the point that I could not function but my back felt tight all weekend. I made it in to work on Monday 3\14/05. I finished out the day but could not make it in on Tuesday 3/15/05. On that morning I called in a told my supervisor that I could not come in because I had severe pain in my lower back which I hurt on Friday 3/11/05 at work and would need to see a doctor. I returned to work on Tuesday 3/22/05. I worked the full day and then was not able to return to work again because my lower back was not holding up. I also saw my doctor on Wednesday 3/16/05 and he gave me a doctors note for work and prescribed me to get a x-ray. I got the xray and now have an appointment to see him again and see what the x-ray is showing. Am I still entitled to worker's compensation.


Asked on 3/23/05, 7:50 pm

4 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: workers comp back injury

If you are injured on the job, then you are entitled to Worker's Compensation Benefits. There are three types of benefits; medical, temp (partial of lost wages) and permanancy. Almost invariably you need an attorney to assist you in getting a fair shake on the latter category and sometimes all three. Our firm has five attorney's who specialize in this area and would be please to answer any questions you have as well as assist you should you chose. Cases are handled on a contingency basis which means there is no cost or fee unless there is a recovery. Further, udner the WC system, usually the predominant part of the fees are paid by the carrier rather than deducted from any award.

Please give us a call to discuss your case. 800-34-NJ-LAW

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Answered on 3/24/05, 9:45 am
Scott Diamond DIAMONDLAWYER

Re: workers comp back injury

If you were injured at work you are entitled to have your medical expenses paid, but you must see the comp doctor, temp. benefits for missing time from work and a permanency award for the bad back. If you need an atty let me know where you live and I can refer you to one.

Scott E. Diamond

LL.M. Trial Advocacy

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Answered on 3/24/05, 11:05 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: workers comp back injury

If you get hurt on the job in New Jersey you are entitled to three things: First, you are entitled to free medical care as long as you use a workers compensaiton authorized doctor; second, if that authorized doctor puts you out of work for at least eight days, then you are entitled to receive temporary disability payments through workers compensation in the amount of 70% of your base pay; third, if your injury is one that does not heal completely you are entitled to a monetary settlement for your injuries, called a "permanent disability award". You have been out of work for more than eight days, so you should contact your boss or the human resources person at your job to get the temporary disability payments you are due. You should also make sure that any x-rays or other medical treatment you get is done through the workers compensation authorized doctors. If you don't, you may find yourself paying for the medical bills out of pocket. I am an attorney who has handled hundreds of workers compensation cases in various workers compensation courts in New Jersey in the past. I would like to speak to you about your case in more detail. Please call me at 908-272-0111 to discuss your case. There is never any charge for simply talking about a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

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Answered on 3/24/05, 1:23 pm
Blair Lane, Sr Earp Cohn, P.C.

Re: workers comp back injury

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

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Answered on 3/24/05, 3:21 pm


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