Legal Question in Workers Comp in New Jersey

am i being penalized

I was injured on the job in june 2003 was treated by comp Dr which included knee surgery. I continued to have pain, swelling, and weakness . Dr led me to believe I needed a replacement, when approached he said i was too young and nothing else could be done. I sought 2nd opinion had more surgery. It took 6 months to get this set up causing more damage to my knee and because of the time lapse I was denied full wc benifits. I am being paid 70%. Can I sue the Dr that did the 1st surgery for neglagence, and the employer for delay in treatment. What should have taken 45 minutes in OR wound up taking 3 hours and now I may be out of work for 6 months and most lilkely not return to the former job. I have asked my attourny but she says none of these issues can be addressed till I am released to return to work. Why should I be penalized for my employers and insurance delay in treatment, the 1st doctors incompetance.


Asked on 4/01/05, 11:50 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: am i being penalized

Generally, you cannot sue your employer, you can only recover under Worker's Compensation except in nearly deliberate situations.

As to the treating doctor, you may have a case and it cannot just wait. Any malpractice claim must be made within two years of the incident giving rise to the claim or from when you had reason to believe that you were injured as a result of acts of another. The latter situation is subject to interpretation and should not be relied upon unless htere is no other choice. In any case, you cannot just lay back and wait.

On the other hand, there does not seem at first blush to be an obvious malpractice. However, only through a complete review of the facts and discussion of the merits can one make an intelligent appraisal, so I am not saying there is not a case; only that it does not leap out at me.

You should discuss this further with your attorney to clarify or speak as soon as possible to another attorney to make sure that your rights are protected.

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Answered on 4/02/05, 10:42 am


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