New Jersey Workers' Compensation Lawyer Presented by Daniel Santarsiero, Esq. of the Law Offices of Jonathan F. Marshall
New Jersey Workers' Compensation Lawyer Presented by Daniel Santarsiero, Esq. of the Law Offices of Jonathan F. Marshall

Working For You

You still control your medical care after a work-related injury

| Apr 21, 2021 | Medical Treatment

Especially in these times, being injured is a harrowing experience. However, being injured on the job can add an additional layer of unease into the healing process because of all of the intricacies that surround workers’ compensation law. And, one bone of contention with many employers is who should provide that medical care, especially when employers have on-site medical professionals and contract with doctor’s office. In these cases, the employer may push employees to exclusively use those medical providers, but employees should know that the employee, not the employer, controls the employee’s medical care. And, this is where the diligent New Jersey workers’ compensation lawyers at the Law Offices of Jonathan F. Marshall can help.

The entitlement

First and foremost, employees must know and understand that injured employees are entitled, by law, to workers’ compensation, which includes medical benefits. And, in line with that entitlement, for most employees, they also have the right to choose their own physician to treat their work-related injuries. There are some instances where an employer may have some control, but contact our offices to discuss these situations.

The right to medical benefits

Pursuant to New Jersey workers’ compensation laws, employers have a duty to provide medical benefits for work-related injuries. This is an obligation to cover treatment costs, but it is not mean the employer has power over the treatment provider. Of course, the employer can select the initial treating physician, the employee is empowered to change that provider. This may mean that one must file a motion for medical benefits with the Division of Workers’ Compensation and include a statement from a physician indicating that the employee will suffer harm if a particular treatment is not provided, including medical records. Again though, this is where the attorneys in our office can help.

Choosing the right attorney

Due to the nature of the work many do, workplace injuries often require extensive medical treatment, and employers often use treatment providers that employees are unfamiliar to the employee. This is why workers’ compensation laws have medical provider flexibility, but injured workers need zealous attorneys, the attorneys at the Law Offices of Jonathan F. Marshall. Our office assists residents in Freehold, New Jersey, and throughout New Jersey, including in Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset and Union Counties.