Choosing Your Own Doctor: Workers’ Compensation

Understanding New Jersey’s Workers’ Compensation laws and your medical care rights can be challenging. One of the frequently asked questions by employees suffering from workplace injuries or illnesses is whether they have the autonomy to choose their own doctor under New Jersey Workers’ Compensation law.

The General Rule

Under the current New Jersey Workers’ Compensation framework, when you file a claim as an employee, the law typically does not grant you the freedom to select your healthcare provider. Instead, it is your employer, together with its Workers’ Compensation insurance carrier, who has the authority to designate the doctor or healthcare facility you should visit for treatment.

This protocol is established to streamline the process, allowing employers and their insurance carriers to control medical costs and ensure that the treatment provided is directly related to your workplace injury or illness. While this might seem restrictive, it is a standard practice across various states, not just New Jersey.

Exceptions to the Rule

Although the general rule is quite clear, there are specific circumstances under which exceptions can be made. These exceptions allow you some degree of choice regarding your healthcare provider. For instance, in emergency situations or when specialized care is needed that the employer-designated physicians cannot provide, you might be allowed to seek treatment elsewhere. However, these are specific situations and typically require prior approval or subsequent acknowledgment by the Workers’ Compensation insurance carrier.

Seeking Guidance

Given the complexities and nuances of Workers’ Compensation laws in New Jersey, it’s crucial to seek legal counsel if you find yourself at a crossroads regarding your medical treatment options. Attorneys with expertise in Workers’ Compensation can provide invaluable guidance and support, helping you navigate the legal landscape and advocating on your behalf.

Dr. Charles A. Gatto is a board-certified, fellowship-trained orthopedic spine surgeon who specializes in all aspects of spine surgery.


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