If you were doing something, however slight, to cause an injury at work be sure to let your employer know all of the facts when you report the injury. As the case below verifies, if you are just walking at work and feel a “pop” in your back, you will probably be denied workers’ compensation benefits. Just being present at work does not automatically make an injury work related. The injury must arise out of the employment duties, and you must be careful to report the duties that you feel caused your injury.

Continue Reading Be Careful How You Report the Details of Your Work Related Injury

When an injury occurs on the job, you are usually covered under the workers’ compensation insurance policy paid for by your employer. You are also typically required to visit a physician selected by the insurance company to assess your condition and get treatment. But what if you don’t agree with the doctor’s assessment or treatment plan? Can you go somewhere else for a second opinion? In New Jersey, the answer is almost always “No.” You can request it, but are not “entitled” to get it. The insurance company has the right to decide whether or not a second opinion is warranted.

There are two common situations that prompt patients to seek a second opinion in workers’ comp claims:

  • When the doctor says you no longer need treatment and you don’t agree with him/her; and,
  • When the doctor recommends surgery or an invasive procedure and you want to be sure it is the best option.


Continue Reading Think You Are Entitled to a Second Opinion Under NJ Workers’ Comp? Think Again

The Appellate Division recently addressed this issue in the matter of Wilson v. Board of Review (Docket No. A-4874-12T4, November 6, 2014).  In this case, Mr. Wilson suffered significant spine injuries when he fell from a ladder.  He underwent two spine surgeries and was out of work receiving workers’ compensation benefits from January 10, 2011