If you suffer a work-related injury, your employer is required to pay for all necessary and reasonable medical treatment, prescriptions and hospital services related to the work injury. This is true regardless of whether the employer was negligent or at fault for the injury. The employer and/or its insurance carrier have the right to designate which medical providers you may treat with for any work-related injury.
What an employer should pay for if you’re hurt at work.
An employer is required to provide or pay for all “curative treatment”, but is not required to provide or pay for palliative treatment. Curative treatment is rehabilitative care, or treatment that is meant to cure or heal an injury or disease. Curative treatment is required until a worker reaches maximum medical improvement (“MMI”), or a plateau at which the doctors feel the injury is “as good as it is going to get.” Any treatment following MMI is known as palliative. Palliative care is care that helps relieve the symptoms, but does not cure or treat the cause of an injury or disease.
What happens if an employer doesn’t provide treatment?
If an employer declines to provide reasonable and necessary treatment, an injured employee can file a motion for Medical and Temporary Disability Benefits (“Med-Temp Motion”). These motions must be heard by the Court within thirty (30) days. During these motions, the employee, or the employee’s attorney, asks the Court to decide whether the requested treatment is reasonable and necessary, and thus, should be provided by the employer.
About RAM Law
RAM Law represents all of Central Jersey in personal injury cases and is staffed by experienced accident and injury attorneys. We provide legal help for victims of slip and fall accidents, medical malpractice, workplace injuries, truck and car accidents, and other personal injuries. Call (732) 247-3600 to discuss your case and set up a free consultation at our New Brunswick or Somerville law offices.