Requirement To See an Authorized Physician | When You May Choose Your Own Caregiver
Under New Jersey law, if you suffer an injury during the course of your employment, you have the right to seek benefits under the state’s workers’ compensation laws. When you file a workers’ compensation claim in New Jersey, your employer or the workers’ compensation insurance carrier gets to choose your initial treating doctor. Here’s what you need to know:
- If you require immediate emergency medical attention, you can seek that from any provider. Your employer cannot limit the emergency care you receive, but you must notify your employer of the treatment as soon as possible.
- Your employer has the right to designate who will conduct any non-emergency medical examination or evaluation after an injury
- As a general rule, you must continue to seek care from the company-selected physician, should you need ongoing care.
- If you want a second opinion, you must request and obtain approval from the workers’ compensation insurance carrier.
- After 30 days or 10 visits, you have the right to request a change in your treating physician, but must obtain the approval of the workers’ compensation judge or the New Jersey Department of Workers’ Compensation
If your injury involves a pre-existing condition, for which you were already receiving treatment, and the authorized treating physician selected by your employer or the insurance company cannot provide the type of care you were receiving, you may be permitted to stay with your treating physician for any care related to the pre-existing condition. In addition, you can always request a hearing to dispute the authorized treating physician’s treatment plan or diagnosis.
Contact the Cintron Firm
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing, and able to protect your interests before a judge or jury. Contact our office online, or call us at 201-791-1333 or 917-494-5695 to set up an appointment.
