Legal Question in Workers Comp in New Jersey
Injured at work
Oct. 11th of 2004 I was injured at work while wearing a safty harness. The harnes slipped past my knee cap while I was bending. As I stood it lifted my knee cap out of position and caused amazing pain. I was on workers comp for 2 1/2 months and and went through the physical therapy before they decided to send me to get an MRI of my knee. The results indicated minor injury to the miniscus. The WC Doctors want to send me to a specialist. I am still waiting approval from the insurance company to do so. Meanwhile my company has stopped paying me my weekly wc salary without notice.
What can I do?
3 Answers from Attorneys
Re: Injured at work
Sounds like you are getting the run around from your employer and the insurance company and the only way to get the benefits you are entitled to is to hire a lawyer who can fight for your rights which are:
In New Jersey, any employee, (even if you are a construction worker, secretary or injured in a car accident while working), injured at work, regardless of fault, may be entitled to three benefits:
1. Free medical care;2. Pay while unable to work; and 3. A cash settlement for loss of function caused by the work-related injury.
If you have a doctor�s note which says you cannot work or can only work with restrictions, and work has no light duty work, you are entitled to receive temporary disability benefits. If you are not paid the medical and temporary benefits that you are entitled to, my office can file a Motion with the Court to attempt to compel these benefits.
Please contact be for a free no-obligation consultation. There are no attorney fees unless you get a recovery. The insurance companies have lawyers - you should have one to protect your rights.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the
Commonwealth of Pennsylvania. The information contained in this response is intended to
provide general information regarding a general legal question. This information contained in the
response is not to be construed as legal advice and you should not rely upon any information as
legal advice. Legal advice can only be obtained through a complete consultation with my office
or an attorney admitted to practice law in your State. Any information obtained through this
response should not be deemed to create any attorney/client relationship.
Please contact me for a free initial consultation.
Blair C. Lane, Sr. Attorney at Law
Two Split Rock Drive
Suite 5
Cherry Hill, NJ 08003
Telephone: 856-489-4353
Facsimile: 856-489-4363
E-MAIL: [email protected]
Web Site: www.njattorneyatlaw.com
Re: Injured at work
In a situation like yours, until the authorized workers compensation doctor clears you to return to work (even on restricted duty)the workers compensation insurance company is required to keep paying you your temporary disability payments. I would need to speak with the insurance carrier to find out why they stopped your payments. If they say their doctor cleared you to go back to work, I would need to review the doctor's records to find out if this is true. If there is no legitimate reason for your temporary disability payments being stopped, then I would file a Motion For Medical And Temporary Disability Benefits to try and convince the court to order the insurance company to resume your payments. Since each case is fact specific, I would have to get actively involved with your case to see what needs to be done to protect your rights under the workers compensation statute. I am an attorney who has handled many cases similar to yours in various courts throughout the state of New Jersey in the past. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply discussing a case with me. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Injured at work
In order to fully answer your question, we will need some more information. However, generally they must continue paying you temporary payments while you are unable to work. If the doctor says hat you have reached maximum medical benefit, then they can stop.
In a situation like this, I strongly recommend that you retain an attorney. These cases only involve a fee if successful. We have 5 attorneys who specialize in this area nad only practice in Worker's Comp. Please give us a call to discuss your case. 800-34-NJ-LAW