Workers’ compensation provides benefits, such as covering medical expenses and lost wages, for people who have been hurt on the job. It’s a lifesaver for many families whose loved one has been injured in a workplace accident.
If you’re receiving workers’ comp benefits, your ability to return to work largely depends on the doctor overseeing your care. But what happens if you disagree with the doctor and don’t feel you’re ready to go back to work?
The role of the workers’ comp doctor
When you’re injured on the job, your employer or claims administrator will send you to a health service professional who will evaluate and treat your injury. They are qualified to determine:
- Whether your injury is work-related
- The type and duration of your treatment
- If you can return to work. If so, can you return to your previous job duties, or will you need accommodations?
However, sometimes there’s miscommunication between the doctor and the injured employee. Maybe the doctor misunderstood your ongoing symptoms. You can start by having an open conversation explaining why you disagree. Back up your discussion with documentation, such as a pain log. Sometimes it only takes some clarification to resolve the situation.
If you continue to feel dismissed or the workers’ comp physician continues to disagree, you may need to take further action. You can file a motion with the workers’ comp judge. This type of motion is typically given high priority and a hearing is scheduled within 30 days of the filing.
If you go back to work before you’ve recovered, you run the risk of reinjuring yourself or worsening your condition. On the other hand, refusing to return to work might give the insurer grounds to stop your benefits. That’s why you should speak with someone who understands New Jersey’s workers’ compensation law. They can evaluate your case, communicate with the insurer on your behalf and help protect your benefits.