Legal Question in Workers Comp in New Jersey

Injured foot while stepping off of parking lot curb

Hello,

I recently twisted my ankle stepping off of a leaf covered curb in my employers parking lot at lunchtime. They told me to go immediately to Workforce to see their Dr. under their insurance, he took x-rays and said that I tore ligaments in my foot, and ordered an MRI, booted me, gave me crutches and send me on my way with the perscription to get an MRI. The next day the HR dept. called and said that it is not considered Workmans Compensation since I clocked out for lunch and I was on my own from that day forward. I went to another Dr. to treat me and order the MRI for me to find the extent of my injuries, missing days of work. I was told by HR to either use my sick/vacation time for the days out and I could also sign up for STD w/FMLA.

My current Dr. said not to put any stress on the injury until he saw the results of the MRI, which is scheduled a week away! What should I do?


Asked on 12/02/08, 4:45 pm

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Injured foot while stepping off of parking lot curb

Please give Kevin Englehard or Patrick Caulfield a call in my office. I believe this shoudl be covered by comp and will be. We can assist you at no out of pocket to you. Call us at 800-34-NJ-LAW. If it is not comp, then we may still be able to help you if there is a case for having a dangerous condition. Best wishes. Adam.

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Answered on 12/03/08, 6:09 pm


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