Workers’ Compensation FAQs – Litigation and the Adjudication Process

1. I was awarded Disability Benefits by a Workers’ Compensation Judge. When will I receive my benefits?

The Workers’ Compensation Insurance carrier has by law, 60 days in which to process the payment after which time you may be entitled to receive simple interest on the delayed payments. However, it is more realistic to expect receipt of your initial payment within 6 to 8 weeks from the date of the execution of the judge’s order.

2. I do not like the doctor to whom I was referred by my employer’s insurance company. What recourse is available to me?

The statute, N.J.S.A. 34:15-15 does give the employer the authority to select the health service professionals to provide care to an injured worker. However, if the employer refuses or neglects to provide services reasonable and necessary to cure and relieve the worker of the effect of the injury or restore function where possible, the employee may take action by filing a Motion for Medical and/or Temporary Disability Benefits. The filing procedures are outlined in the Rules of the Division of Workers’ Compensation,  N.J.A.C. 12:235-3.2. These proceedings are given a very high priority and are scheduled before a judge within 30 days of the proper filing of the motion.

3. What is the date of my next workers’ compensation hearing?

You should contact your attorney to determine the tentative date of your next workers’ compensation hearing. If you are representing yourself, the Division will provide written notice through the mail approximately two (2) weeks before the scheduled hearing.

Pamela J. Johnson, Esq., is a New Jersey Supreme Court Certified Workers’ Compensation Attorney.

Before you file a Workers’ Compensation claim in New Jersey, get more Workers’ Compensation information at our website, or contact a New Jersey Workers’ Compensation Attorney today.

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