Medical Benefits under New Jersey Workers' Compensation

In order to obtain medical benefits in Workers' Compensation matters the first thing that must be done is that the Employee must report the accident and injury to his employer and make a request for treatment.  Usually the employer will provide this treatment at a designated facility.  In order for the bills from the treatment to be paid the injured worker must be treated at a medical provider of the employer's choice.  This provision of the Workers' Compensation Statutes cannot be circumvented.  An employee must treat with the designated provider of the Employer's choosing.  An exception exists when the Employer refuses to provide treatment.  However it is more prudent to file a formal Motion in Workers' Compensation Court to obtain the treatment benefits rather than go outside the system for unauthorized treatment.

Another situation frequently occurs when an Employers' appointed physician terminates medical treatment and the worker feels more treatment is necessary. Under the Statutes an Employer is required to provide only curative treatment and is not required to provide palliative treatment.  The difference lies in whether the treatment will actually heal the worker's injury or merely make them feel better on a temporary basis.  Many disputes as to whether a surgical procedure is necessary arise in a course of Worker treatment, where the worker feels a surgical procedure will help but the Employer's doctors are refusing to complete the surgery.  If this occurs an attorney should be consulted immediately to file a motion to compel the treatment. 

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Steven P. Lombardi, Esq 

973-921-2860