If an individual is injured at work, they are entitled to medical care. However, the injured worker should be aware that the employer has control of which doctors to send the injured worker. If the medical care that the employer provides is not adequate, the employee’s attorney should file a motion for medical treatment right away. In general, the workers’ compensation court should address the worker’s medical treatment inadequacies within thirty days.
Unfortunately, injured workers sometimes get billed for medical treatment received as a result of workplace injuries. This is something that should not occur. The medical bills, by law, are to be paid by the employer’s insurance.
On November 19, 2012, New Jersey Governor Chris Christie addressed this issue. Governor Christie signed a law that prevents medical facilities from charging workers’ for any treatment that has been authorized by the employer or its insurance company.
In addition to medical benefits, an injured worker is also entitled to temporary disability benefits up to 70% of the workers’ average weekly wage during the time they are not able to work. These benefits are provided during the period when a worker is unable to work and is under active medical care.
Governor Christie’s new law provides that if the employer is not providing proper benefits to the injured worker, the New Jersey Division of Workers’ Compensation will have complete jurisdiction over these disputes.
Here at Ginarte Gonzaelez Winograd L.L.P., we provide high-caliber representation to New York / New Jersey personal injury victims and their families. Contact our office at 1 (888) GINARTE for free consultation and we will make sure your rights are not lost. You can also use our online contact form.