Legal Question in Workers Comp in New Jersey
complications w/ return-to-work
A quick overview:
(1) dislocated ankle because of uneven flooring on main work area floor
(2) physically demanding job -- out 7 weeks w/ injury.
(3) while on temp. disability, employer changed work schedule and hours drastically (including longer hours and 6 day work week). No other employee's schedule changed.
(4) Dr. cleared me to return to work -- was told my ankle was ''as good as it's going to get''.
(5) return-to-work was unsuccessful. Reaggravated injury. Ankle could not withstand physical demand of my job. Employer sent me home -- told to get second opinion
(6) insurance company has yet to get me a second opinion. I have yet to receive benefits for going back on wc (just shy of a month). Employer has not paid me for the day of work I performed.
(7) I do have an employee contract
Q? What are my legal options? Do I have a case against my employer? Insurance company? If my ankle injury is career-ending, what is my legal recourse?
Thank you for any help you can offer!
2 Answers from Attorneys
Re: complications w/ return-to-work
In a situation such as yours where there is an aggravation of an existing compensable injury, and it prevents you from working, you do need to be seen by an authorized doctor to determine whether you should be back on temporary disability. If the insurance company is delaying this new examination, you can retain an attorney who is experienced in workers compensation to file a motion with the court to get you the second opinion, and if warranted, any past due temporary benefits and further medical treatment. If you have a specific employment contract, I would need to review it to see what other protections you have regarding your employment. The extent of permanent disability will have to be determined as your case proceeds. There is a lot of work that would need to be done by your attorney before this determination could be made. I am an attorney who has handled workers compensation claims such as yours many times in the past. I am familiar with the statutes and rules governing workers compensation. It sounds to me that you have a very serious claim. I would like to discuss it with you in person. Please call me at 908-272-0111 to schedule an appointment to discuss your legal rights and how I can assist you in this claim. There is never any charge for a consultation with me. In workers compensation you only have to pay an attorney if he wins your case for you. So please call me today at 908-272-0111 to schedule an appointment. Thank you.
Re: complications w/ return-to-work
You do have a claim against your employer. A claims petition needds to be filed on your behalf. At the same time the petition is filed a motion for medical and temporary benefits also needs to be filed so that you can get further medical treatment and also get paid while you are out of work. Please call to schedule an appointment 732-286-2170.
John
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