One of the primary benefits of New Jersey workers’ compensation law is medical care. This basically means that your employer or its workers’ compensation insurance provider is responsible for paying for the medical treatment you need after a work related injury.
This includes office visits, medication, physical therapy, surgery, injections, and essentially anything you need to recover from your injury, as long as it is reasonable and necessary. A question that a lot of workers have about this is whether or not they can choose their own doctor to receive this medical treatment.
This short answer to this question is no. Read further to learn more.
Your Choice of Doctor Under New Jersey Workers’ Compensation Law
A person who is injured at work may sustain catastrophic injuries that require long-term and costly medical care. The quality of this medical care is extremely important to the injured worker’s successful recovery and, in many cases, can even mean the difference between life and death.
So, needless to say, an injured worker would rather select their own doctor to make sure that they receive the best medical care available.
Unfortunately, New Jersey’s workers’ compensation law gives your employer and its workers’ compensation insurance company the right to choose the doctor who will treat your injuries. There are, however, a couple of exceptions under which you may choose your own doctor:
- When your employer or its insurance company unreasonably denies you medical care
- When you need emergency medical treatment
These exceptions only apply in limited situations, so most injured workers are treated by a doctor who has been chosen for them by their employer or its insurance provider. Sadly, sometimes this means that the worker does not receive the quality of medical care he or she is entitled to receive or that their injuries require.
What You Can If You Are Not Satisfied with Your Workers’ Compensation Doctor?
If you believe that the doctor chosen for you by your employer or its insurance provider is not providing you with the kind of medical care that you need or deserve, and you want to change doctors, here is what you need to do:
- Be able to show that you are not receiving the reasonable and necessary medical treatment required to successfully treat your injuries and restore your ability to work.
- File a Motion for Medical and/or Temporary Disability Benefits. Your case will usually be heard by a judge within 30 days of filing the motion.
Be sure to hire an experienced workers’ compensation lawyer to file the motion for you and to represent you in court. Your employer or its insurance provider will certainly have lawyers working on their behalf. So, if you fail to retain the service of a competent workers’ compensation attorney, you will find yourself at a significant disadvantage.
Contact an Experienced New Jersey Workers’ Compensation Attorney
New Jersey’s workers’ compensation law gives your employer and its insurance provider the right to choose which doctor treats your injuries. But, this does not mean that you have to settle for less than you deserve.
If you have been injured on the job and are dissatisfied with the quality of medical care you are receiving, contact an experienced New Jersey workers’ compensation lawyer who can help receive the quality of medical care you need and ensure that you are treated fairly.