Legal Question in Workers Comp in New Jersey
workers' comp forcing you to change doctors and therapy treatment
I broke my wrist at work in a fall down the stairs. The wrist was fractured in three places. My employer said to go through workmen's comp and I did just that. I went to a hand and surgery center nearby my home at workman's comp designation. I have been in therapy and out of the cast for three weeks. Now worker's comp calls to tell me that I must not go back to therapy on Monday but that they want me to see another doctor in Hainesport, NJ which is very far from my home. I am not driving those long distances since I still have much pain in the wrist and very little ability to grip the steering wheel. I have no one who can drive me there. Must I oblige by cancelling my therapy appointment and go to another doctor who they went ahead and made an appointment with without my knowledge? I do not think that this is right as I am getting the help that I need at the center where I now receive the therapy and where the doctor's are that have been treating me. Also, I do not want to be subjected to further x-rays since I have already had a great deal of x-rays taken on this hand. Please advise what my rights are. Thank you so much.
2 Answers from Attorneys
Re: workers' comp forcing you to change doctors and therapy treatment
In order to fully asnwer your questions it would be easier to discuss over the phone.
Generally, the comp carrier directs your medical care and you have to cooperate, they have a lot of power. However, they cannot make you undergo any procedure that you do not want to do. However you do have ot see doctors that they send you for second opinions or they may cut off benefits. We often ahve pretty good success in negotiating these issues with carriers for our clients, so if you are represented, it can make it easier. Although they want to send you to one doctor, there are rules about who and how far.
Also, while they may be paying for medical your are alos entitled to temp payments while oyu are out of work and will likely be entitled to permanancy payments for your injury. These are best maximized by an attorney in most cases. Additionally, there is no cost to retain an attorney and most of the time the carrier has to pay most, if not all, attorney's fees.
If you would like a consultation, please call my partner Patrick Caulfield at 800-34-NJ-LAW. He is an Attorney Certified by the Supreme Court as as a Worker's Compensation specialist, a certification shared by less than 2% of attorney's in the state.
Re: workers' comp forcing you to change doctors and therapy treatment
Although you have to use the workers compensation authorized doctors on a workers compensation claim, if you have an attorney they can usually negotiate with the insurance carrier to try and get you seen by a doctor closer to your home. I am an attorney who has handled hundreds of workers compensation cases in various workers compensation courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me about your case. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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