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Those who work jobs that require considerable physical activity or are inherently dangerous have the potential to suffer a significant injury.  Thankfully, workers’ compensation benefits are available to cover the cost of:

• Medicine
• Durable medical equipment
• Visits with medical professionals
• Lost wages and more

Injured workers commonly ask whether they are legally permitted to lean on the assistance of their own doctor or if they must meet with a doctor requested by their employer.  Let’s take a look at this commonly asked question to finally reveal the truth of the matter.

Care Must be Rendered in Accordance With State Law

The recovery period stemming from a significant injury has the potential to result in upwards of several weeks or even several months of rest and recuperation, oftentimes involving extensive physical therapy.  This is precisely why most injured workers desire the assistance of their trusted personal doctor for ongoing medical care.  However, in order for the employer to provide workers’ compensation benefits, the care must be provided in accordance with New Jersey law.  The state’s law limits injured workers’ options in terms of assistance provided by healthcare professionals.

The Employer Selects the Doctor

Once an employer approves the claim for workers’ compensation, state law dictates the worker must rely on one of the employer’s selected healthcare professionals.  In order to prove eligible for workers’ compensation benefits, the injured worker must meet with one of these medical professionals for the treatment related to the injury or illness in question.

Is It Possible to Switch Doctors After Insufficient Care?

If the medical professional the employer selects does not provide proper medical care, it is possible to file a Motion for Medical and/or Temporary Disability Benefits with the assistance of one of our attorneys.  This motion empowers you, the injured worker, to switch to your personal doctor as opposed to one selected by your employer.  This way, you can obtain the care you need without jeopardizing your workers’ compensation benefits.

Injured Workers are Empowered to see Their own Doctor in Emergencies or Following a Denial

If the employer initially rejects the request for workers’ compensation benefits, the claimant is permitted to select his or her own doctor.  If a lawsuit or appeal reverses the employer’s denial, the employer is legally obligated to cover the cost of treatment received in relation to the injury or illness caused by work-related activity, regardless of whether it is provided by the claimant’s preferred physician. If the injury is an emergency and there is not enough time to notify the employer prior to seeking medical care from a doctor who is not approved, a request can be made for financial reimbursement by way of the workers’ compensation system. 

Schedule a Consultation With Schibell Law LLC Attorneys at Law

If you have suffered an injury or illness as a result of your work-related activity, do not attempt to navigate the legal maze on your own.  Schibell Law LLC Attorneys at Law are here to lend invaluable assistance.  Reach out to us today at 732-774-1000 to find out more about our legal services and schedule an initial consultation.

Richard N. Schibell, Esq.

is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.