Legal Question in Workers Comp in New Jersey
Worker's Comp
I injured my back at work on Jan 8. I am still out on worker's comp. Since I've been out my employer has cut me to part time & taken away my health benefits. My back injury originally happened many years ago, now worker's comp is saying that they may not pay for treatment because it's an old injury, although this is the most pain I've ever had in my life. Not only do I have back pain, But my legs are very weak. All worker's comp has done is sent me to physical therapy twice a week for 4 weeks. My MRI shows 3 bulging discs, degenerative disc & a torn disc. Unless the Dr. states that it's a new pain to the old injury my benefits will stop & my employer does not want me back unless I can perform my duties as I did before the accident. I am a shipping & receiving clerk for a steel distributor.
What are my options?
1 Answer from Attorneys
Re: Worker's Comp
If you suffered a new incident that either aggravated the old injury, or possibly caused a new and different injury in generally the same area of the old injury site, then you have a legitimate workers compensation claim. I would have to look at the medical records from your new injury of January 8, 2009 and compare it to the records from your old injury to see how they match up before I could give you a definite answer. But if workers compensation is paying for you to go to therapy that means they believe that it is a new injury. If you are not receiving workers compensation temporary disability payments then you should be. Regarding your employer, unless you have a union contract protecting you then your employer does NOT have to to keep your job for you if you are unable to work. However, once you go off temporary disability through workers compensation you can continue your private medical insurance coverage for I believe six months if you are willing to pay the full monthly premiums. This is called COBRA. I would like to discuss your case with you in more detail since I can probably get you a monetary settlement once all your medical treatment is completed. Please call me to discuss this. 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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