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

April 01, 2022

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.

“This firm never gives up and they build a foundation of trust from square one.”
Google Reviewer / Former Client
“Always willing to answer questions and making time for us when needed. They helped make the most difficult times in our lives a little easier.”
Google Reviewer / Former Client

Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Representative Cases

Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

View More Cases


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