Legal Question in Workers Comp in New Jersey
Time limit - medical careI
I suffered a work-comp injury over 1 yr. ago. I have had medical treatment and rehab. I have returned to work, but not at full capacity. I was told by my w/c doctor that I need further treatment - surgery. I called a doctor to try to make a consult appt. and was told by the office since my injury was over 1 yr. ago, I can no longer be covered by work-comp. My case was never settled, it remains an open claim. Was this an accurate statement made to me by the doctor's staff? Is there a time limit for treatment if it is still an open claim? What are my rights in this instance, especially since it was a w/c doctor who told me to see about having surgery done? Please answer a.s.a.p. Thank you in advance for your time.
2 Answers from Attorneys
Re: Time limit - medical careI
In New Jersey, the time limit (statute of limitations) is 2 years from the date of accident or the last payment of temporary or medical benefits.
So, if you have only been treating for 1 year, the time limit has not run.
Since I practice in New Jersey, I do not know what the time limit is in Pennsylvania.
Re: Time limit - medical careI
I am not sure if you are in Pa. or NJ. Another attorney has provided you with the NJ law. I am a Pa. attorney. In Pa. you can obtain medical treatment within 3 years of the injury date if no benefits were ever paid, or 3 years since the last payment of benefits, if some benefits were already paid. Thus you are clearly entitled to receive medical treatment.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
