Legal Question in Workers Comp in New Jersey
Employer making a ''deal''
I hurt my back on the job on 9/12/05 (I drive a tractor trailer)and worked the rest of the week.On Monday 9/19/05 I took a day run and the pain got much worse. Called my employer.Went to my doc on 9/20/05 on my insurance and paid the copay out of pocket.Had a CT scan of my spine also paid for by me.Outcome - 2 bulged discs in my back and mild degeneritive disc disease - upper lumbar.My doc put me out of work till 10/30/05 pending an exam.Relayed this to my employer. My employer is self insured and wanted to keep it off his workmans comp insurance and made me a deal (thru my company contact) that he would pick up copay and compensate me for time off as long as I was released by a specialist,needing money I went,that doc approved the medication my doctor had me on and said just ''take it easy'' and released my for work on 10/10/05 no restrictions.Went to my employer personally on 10/3/05 to relay this,had a meeting with him, now wants me to do light duty for this week in the office to justifiy him paying for anything and is only paying me for 1 week.I'm out 2+ weeks pay,I used up all my sick time and personal days.I had to come off meds to drive and my back is acting up again just sitting,should I turn this over to workmans comp?
2 Answers from Attorneys
Re: Employer making a ''deal''
Yes, you should certainly turn this into a workers compensation case since that is what it really is. Plus, on workers comp, you would not have had to use any sick or vacation days and you would not have had to pay any medical bills or copays out of pocket. Plus, due to the type of injury you have you could be looking at a lifetime of pain in your back, so under workers compensation you would be entitled to a monetary settlement for your injury. I am an attorney who has handled hundreds of workers compensation cases in various workers compensation courts in New Jersey in the past. I would like to discuss your case with you in more detail. Please call me at 908-272-0111 to discuss your case. There is never any charge for simply talking to me about a case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Employer making a ''deal''
Your facts reflect that you have a valid workers compensation claim that should be directed to your employer�s workers compensation carrier. You should not waive any right, especially in light of your need for medical treatment. The longer you wait to make a claim for treatment, the more difficult it may become to get payment.
There are complexities that would best be addressed with the assistance of an attorney. Your employer is looking out for its own interests and putting you in a compromised position. All related bills should be paid and you should not be using sick and vacation time for a work related injury. Our Workers Compensation department consists of five fulltime attorneys dedicated to protecting the rights of the injured worker. We would be happy to address your problems. Feel free to contact us for a free consultation.
If you wish, we can be reached at 800-34 NJ LAW - please ask to speak to Maurice Nadeau. Hope this of assistance.
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