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.


Asked on 9/06/01, 7:57 pm

2 Answers from Attorneys

John Pinho John Pinho

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.

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Answered on 10/26/01, 2:47 pm
Richard Teitell Richard K. Teitell, Esquire, P.C.

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.

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Answered on 10/26/01, 9:18 pm


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