Legal Question in Workers Comp in New Mexico
Two Doctors of different opinions
I've seen two Doctors for my back,a herniated disk,which was incurred on the job. A neurologist says operate,an orthopedic says he won't and will sumbit to my employer that I can work on limited duty which does not exist in my job.The first Dr. says I can't go back to work. Still feeling pain though not as intense but concerned if I don't have the operation I won't have a job.What to do?
2 Answers from Attorneys
Re: Two Doctors of different opinions
For an injury as serious as yours it would certainly be to your benefit to have a lawyer experienced in workers compensation law in New Jersey to help you. If you have competing opinions from two doctors, the proper course of action is to have your attorney file a motion for medical and temporary benefits to have a decision made by the court as to whether the insurance carrier should pay for your surgery. If you don't want the surgery, and feel that you can go back to work, then you will have to understand that it would be at your full duty level. In New Jersey, unless you have some type of employment contract saying otherwise, your employer can fire you if you are unable to do the work to his satisfaction. You have a very serious case here and I really think you need a lawyer to represent your interests. It doesn't cost you anything up front to hire a lawyer for a workers comepnsation case. Any legal fee is contingent upon the amount of the settlement the attorney gets you.
I am an attorney who has handled hundreds of workers compensation cases in New Jersey in the past. I would like to speak with you about this case. Please call me at 1-908-272-0111 for a free consultation. Thank you. Sincerely yours, -Ronald Aronds, Esq.-
visit my website: www.njworkerscompensationlaw.com
Re: Two Doctors of different opinions
Unfortunately, there is not enough information here to give you a definitive answer. In general, the worker's compensation carrier controls the treatment. Further, an employer does not have to give you a light duty job if none exists. This is a frustrating situation for you.
I would suggest consulting with an attorney to discuss your rights and options. Our firm has 6 attorneys who specialize in this area of the law.
Please feel free to call.