November 15, 2019
What Happens if Workers’ Compensation Denies My Medical Treatment in New Jersey?
Employees hurt on the job in New Jersey often have difficulty receiving all the medical treatment they need to help them return to work. In New Jersey, all medical care has to be authorized by your employer’s workers’ compensation insurance carrier. If your medical treatment is denied, the notice is then typically communicated to the employee via a letter or a phone call from the insurance adjuster.
At this point, you are entitled to know the basis for their denial. It is important for injured New Jersey workers to know their rights, and therefore, they should contact a knowledgeable, experienced workers’ compensation attorney. Our office routinely files motions in the New Jersey workers’ compensation courts to make sure our clients receive all the medical treatment they deserve, and are also compensated for their time out of work. This is known as a motion for medical and temporary disability benefits.
The workers’ compensation statute requires that an employee who is hurt on the job must report the injury to their employer as soon as possible. Upon notice to your employer of the accident, you are entitled to three benefits. They are:
- All of your medical treatment and bills will be covered as long as you go to an authorized doctor
- While you are unable to work and healing, you will receive 70% of your wages up to a state maximum
- You are entitled to a “Permanency Award” – this applies to a functional loss or disability that is attributed to your on-the-job injury
Many work-related injuries are attributed to construction site accidents, slip and fall accidents, truck accidents, and car accidents, which often involve a third party or outside contractor.
If a third-party and/or outside contractor caused or contributed to your accident, you may also be able to bring a claim for your damages from that person or company as well. These cases are commonly known as third party claims and are often complex and require a thorough evaluation. Therefore, it is very important to seek the advice of a qualified and experienced New Jersey personal injury attorney.
Get a Free Case Evaluation from Our Team of Experienced New Jersey Workers’ Compensation Claims Lawyers
The Todd J. Leonard Law Firm has over 30 years of experience handling workers’ compensation claims, and all types of serious personal injury accidents, including wrongful death claims. Todd J. Leonard is Certified by the Supreme Court of New Jersey as a Certified Civil Trial Attorney, and has successfully handled all types of serious accidents, representing thousands of clients throughout New Jersey. Our attorneys will fight for your rights, which includes getting the medical treatment you need, any wages you are legally owed, and compensation for your injuries. Additionally, our team of trial lawyers will be in contact with your employer’s insurance carrier to ensure you receive timely authorization for your medical treatment, and when you can return to work, if at all.
There are strict time limitations to file your workers’ compensation claim. Please give us a call today at (973) 920-7900 to request a Free, Confidential Consultation. There is never a fee unless we obtain a recovery. We have offices conveniently located in Denville, Morristown, and Newark.