Workers’ Compensation Medical Benefits
A work injury or an illness caused by work conditions can cause lasting harm that can be costly to treat. Fortunately, in many cases, workers who suffer harm in the workplace are eligible to recover workers' compensation medical benefits from their employer's insurer. If you were injured at work or developed an occupational illness, you should consult an attorney to discuss your right to medical benefits. The New Jersey workers' compensation lawyers at The Law Offices of Jonathan F. Marshall are dedicated to helping people injured at work recover any workers' compensation medical benefits that they may be owed, and we can aid you in pursuing the full amount of medical benefits that you are eligible to recover.Seeking Workers' Compensation Medical Benefits
Any employee who suffers an injury that arises out of the course and scope of his or her work can seek workers' compensation medical benefits. In other words, if a person suffers an injury in a workplace accident, or due to repetitive motions, or contracts an illness due to exposure to harmful chemicals, he or she may be eligible to recover medical benefits. Notably, an employer cannot deny an employee the right to medical benefits by arguing that another employee's negligence caused the injury or that the injury was an inherent risk of the employment, so the employee assumed the risk of the injury. There are strict deadlines regarding when an injured employee must notify his or her employer of any injury, and a failure to comply with the deadlines may result in a waiver of the right to recover benefits.The Scope of Workers' Compensation Medical Benefits
Under New Jersey workers' compensation laws, employers are required to provide medical treatment for injured employees, including but not limited to surgery, prescriptions, and hospitalization, to the extent that such treatment is necessary to alleviate the effects of the injury or restore the employee to his or her pre-injury condition. For example, if an employee has a permanent injury, and the effects of the injury can be mitigated by an artificial limb or teeth or eye, or an assistive device, the employer or its insurer is required to provide the employee with the artificial part or appliance. Any services that cost more than $50 must be necessary, and the cost of such services must be reasonable.
It is important to note that, in most cases, the employer is permitted to choose the treating physician for the injured employee. There are some exceptions, however, in which the employee will be able to choose his or her physician. For example, if the injured employee complies with the requirements for requesting treatment, but the employer refuses to provide such treatment, the employee may get treatment for his or her injuries and then seek reimbursement from the employer. Additionally, in cases in which the employee is presented with an emergency situation that requires immediate treatment, he or she will not be penalized for failing to notify the employer prior to seeking treatment.
Unlike workers' compensation disability benefits, there is no limit on the amount of workers' compensation medical benefits that an injured worker may recover. If the employer or its insurer authorizes medical treatment, or if fees for treatment are determined to be the responsibility of the employer, the cost of any treatment is the responsibility of the employer and cannot be collected from the employee.Consult a Trusted New Jersey Attorney After a Work Injury
If you were hurt at work or suffered a work-related illness, it is in your best interest to consult an attorney regarding the benefits that you may be eligible to recover from your employer's workers' compensation insurer. At The Law Offices of Jonathan F. Marshall, our lawyers have the skills and resources needed to assist you in bringing your claim and will diligently pursue the full amount of benefits that you may be owed. We have three offices, which are located in Freehold, Toms River, and New Brunswick, and we assist people in New Jersey workers' compensation matters in Atlantic, Bergen, Burlington, Camden, Essex, Hudson, Mercer, Middlesex, Monmouth, Ocean, Passaic, Somerset, and Union Counties. We can be reached at 877-450-8301 or through our form online to schedule a consultation.