When it does happen to them, the majority of people aren't thinking about getting medical treatment if they suffer an serious workplace injury.

If we are faced with medical issues that are personal to us for those of us fortunate enough to have health insurance through private companies are accustomed to being able to select our primary physician and also visit specialists that we select. If we receive poor quality care from our doctor, or receive rude treatment from the staff or the doctor or staff, we can simply seek out a different doctor to get our treatment.

However, a different set of rules is in place for medical treatment following a work-related injury. In accordance with New Jersey Workers' Compensation Law, any employee who suffers an injury on the job, regardless of the cause is entitled to all reasonable and necessary medical treatment related to the work injury. Every employer in the state is required to have workers' compensation insurance to pay for this procedure. The company that handles workers' compensation is obliged to pay 100% of the cost of this medical procedure, with no limitations on the amount due. There aren't any co-pays or deductibles; all related health expenses will be covered including prescription drugs and medical equipment. There is no time limit to the amount of time the workers' comp insurance company is required to continue providing medical treatment. If your work injury requires five years of treatment, that is what the insurer must offer. workers comp lawyer

So far, it sounds good. But here's the problem: New Jersey Workers' Compensation law provides with no exception that the workers' compensation carrier has the right to determine who will provide your medical treatment. The injured party has no influence on the doctor who will provide its medical services. In the event that you sustain a workplace injury then you are required to visit the doctor chosen by your employer or its insurer of workers' compensation. provider.

What Will Happen If You Have A Work-Related Injury

This is what typically happens when you suffer an accident on the job. Your employer contacts the workers' compensation insurance company who will direct you to a medical provider. Most often, the doctor you choose is the "company doctor", a doctor who has a contract with your employer or the insurance company, or an occupational health center, that is a clinic facility which relies exclusively in referrals received from employees as well as workers' compensation companies. Medical providers who, as the majority or all of their business is obtained from workers' compensation insurers and they are required to abide carefully by the rules and regulations imposed upon them by the insurance companies. In many situations, a competitive bidding process is employed to decide which medical professionals are chosen by carriers.

Because the patient cannot elect to seek treatment from a medical professional outside of the ones chosen by the employer or the company Many of the doctors providing treatment to injured workers have a tendency to create patterns of behavior in how they practice medical practice. Due to pressures to keep costs low doctors are required to treat the most patients every day. The delays and the backlogs of patients waiting to see the doctor are the norm. Diagnostic tests that a private doctor could request without second thought are never ordered. Specialist referrals are often delayed or denied. Patients are treated in an assembly line fashion, and are given no time to talk about their injuries and the consequences with their doctor. workers compensation

The injured worker frequently also is confronted by the doctor whose attitude towards the injured worker is negative from day one. Most of these doctors, either by training or personal philosophy tend to be anti-injured worker mentality. They believe that the employee is lying or exaggerating symptoms and are trying to find some excuse to not be of work. If they cannot find any justification for determining that the employee's health condition is not due to the work injury, they are inclined to blame the situation on something else, such as a pre-existing condition. This attitude is a result of pressure from the insurance carriers. If the physician doesn't play with the policies of the insurance company, the patients are directed to other doctors. If a physician is too overly apologist for his patient and is in conflict with the insurance adjuster about the course of recommended treatment The insurance company is likely to not use that physician in the future.

What Can You Do If You Are Denied Appropriate Medical Care?

What should you do if the physician chosen to treat you in connection with your workplace injury isn't treating you properly? The first reaction of many injured workers who are in conflict with their doctor of choice is to visit their own doctorand use their personal health insurance. However, this could cause more issues than it resolves. Health insurance policies uniformly contain the provision that the treatment of injuries related to work is not covered. This means that most private doctors will not be able to treat work-related injuries. Even if they are able to, the expense of their care is not paid for by private health insurance.

Fortunately, the New Jersey Workers Compensation law allows for an opportunity to contest the care (or or lack thereof) being provided by the workers' compensation doctor. An injured worker has the right to submit an Employees Claim Petition with the Division of Worker Compensation. The Division comprises more than 50 workers' Compensation Judges, with Courts all over the state, whose function is to hear litigants involving injured workers. Judges of Compensation Judges of Compensation have the power to require employers' compensation insurance companies to provide proper medical treatment for those who are refused treatment.

Do I Need An Attorney If A Dispute Arises About My Medical Care?

Due to the difficulty of proceeding with an appeal in Workers Compensation Court, it is strongly advised to hire an attorney in Workers' Compensation to assist you with the procedure. Because it is a highly particular field, you must choose an attorney that is skilled in this area. The Supreme Court of New Jersey is able to certify attorneys who have experience in the field of work legal compensation. Your attorney will not charge a fee for representing you in the case of a claim for workers' compensation until the matter is settled. The Judge of Compensation who is the judge in your case decides on the fee for the attorney after the case has been heard and under no circumstances is it more than 20percent of your award.

What Happens Once I've Filed My Workers Compensation Claim?

After your claim is submitted, if disagreements regarding your medical treatment is raised, your Workers' Compensation attorney may present a Motion for Medical Treatment, which is prioritised by the Court that will usually provide the Motion to hear the case within 30 days from the date of filing. The Judge is able to instruct the insurance company to provide medical treatment or an evaluation by an expert, or order that diagnostic studies be conducted. work accident

If you are having a disagreement with your employer or its workers' compensation insurance company regarding the medical treatment being given to you, it's vital to realize that they do not necessarily have the final say in your medical treatment. You have the right dispute a denial of treatment. You can obtain legal representation without the need to pay charges out of pocket for the representation. An independent workers' compensation judge will be able to hear your complaint and may direct the insurance carrier to offer you the most reasonable and necessary treatment that your health condition demands.