Modification of New Jersey Workers’ Compensation Benefits Based on the Refusal of Simple Medical & Surgical Treatment

Employees who are injured during the course of employment may be entitled to benefits under New Jersey’s workers’ compensation program. Although you have a right to determine your course of medical treatment and surgical options, in certain situations your decision to forego a simple treatment may be grounds for the modification of your workers’ compensation benefits.

In order not to jeopardize your eligibility and receipt of maximum benefits, you should discuss your course of treatment and surgical options with both your physicians and your NJ workers comp attorney.

What Does the Law State?

Under N.J.S.A. 34:15-23, if an employer is prejudiced by an injured employer who rejects necessary medical and surgical treatment that does not endanger the petitioner in any rational manner, the awarded workers compensation benefits may be modified accordingly.

In other words, your employer’s insurance carrier may modify your workers comp benefits if you refuse to have a simple medical treatment that will not put you in any danger, but will improve your medical condition by allowing you to go back to work and thus reduce your need for benefits.

Examples of Cases Where Workers’ Compensation Benefits Are Reduced

One example of the reduction of benefits under this section involves a woman who was 100% disabled due to a mental condition, but could have reduced her disability by 75% had she accepted the insurance carrier’s offer for medical assistance. The Workers’ Compensation Division reduced the woman’s award to only 25%.

Similarly in another case, the workers’ compensation benefits of an employee was modified to 90% because, although he suffered 100% loss of the use of one leg, he refused to cooperate with the liability carrier’s physician and refused all efforts to reduce the degree of permanency.

Contact Us

If you or a loved one has been injured while at work, you should immediately contact a NJ workers comp attorney to ensure you get the maximum workers’ compensation benefits that you are entitled to. For more information or to schedule a complimentary consultation with workers comp attorney Dan Matrafajlo at (908) 248-4404 for a free consultation.

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DAN is a great lawyer!!!Far exceeded my expectations.. answered all my questions personally and walked me through the whole process... THANKS
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Dan is a lawyer you want on your side, he was on point , always working on strategies on my case. btw we won our case!!! When it matters to you call him. Thanks Again Beninato & Matrafajlo
Raniero Stirpe
Raniero Stirpe
22:11 16 Jul 19
I had a work related incident on 11/2017. I immediately google reviewed a workers comp attorney. Beninato & Matrafajlo Law firm revealed extremely positive reviews. Without a hesitation I drove to their Elizabeth location seeking help. Attorney Andrew was very polite, courteous and resourceful with aiding my problems. Andrew assistant was just just as helpful. They kept me updated throughout the entire process via phone or email. The doctors they administered me to were pleasant as well. Even though the process took nearly 2yrs - Andrew was alongside for entire journey. On May 29, 2018 I finally went to court for work incident. Andrew prompt me on entire court process making me feel comfy and confident before speaking in front of judge. After the ordeal Beninato & Matrafajlo Law firm followed up making sure I was completely satisfied with everything. I wouldn’t of chosen anyone else! Thank You Andrew, his assistant & entire Law firm for the marvelous experience.
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Best Lawyer ever very professional flights to the very end To make sure his client is happy with the decision of a case
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Dan is the best lawyer I have ever met he did not give up he said he was going to help me and that's definitely what he did I am grateful to have him as my attorney and I will highly recommend him to anyone looking for help p.s and everyone that works at the office is extremely professional polites and very nice and I thank you as well keep up the great work
Albert Fuentes
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10:54 20 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my license and caused me thousands in fine and surcharges. It was dismissed with zero owed to the courts after proving DMV administrative discrepancies. Thank you so much for all your helpRenee
Renee Otoole
Renee Otoole
14:07 11 May 19
Mr. Matrafajlo and his staff are both professional and kind. He went to court 5 times over 6+months fighting a traffic ticket that would of suspended my...
Renee O.
Renee O.
07:03 11 May 19
First of all, I admired Dan for his understanding by putting himself on his clients shoes and fight for their best interest (outcome). For me, the definition of a great lawyer are those who "deliver" and he does.
Jay Licin
Jay Licin
16:22 03 Apr 19
I am writing this review almost a decade after the fact......Mr. Matrafajlo is an excellent attorney. He did everything in his power to help me out. I would recommend him to anyone that was in need of an attorney.
Brian Bianco
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23:24 01 Mar 19
The best of the best! I would definitely recommend Dan to my family and friends. Very professional and goes above and beyond to answer questions and to get the best results!
David Palucki
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20:43 18 Jan 19
I got a 3 point ticket for doing an unsafe turn. I ended up hiring Matrafajlo. He seemed pretty confident he can get the ticket reduced to obstruction of...
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09:06 17 Jan 19
I would definitely recommend Dan and his team to friends and family. The staff was very knowledgeable and helpful every time I reached out with questions. Dan and Teresa aka the Dream Team!! Everyone went above and beyond for little ‘ol me! Job well done!!
T Shipley
T Shipley
18:29 07 Nov 18
Dan really went above and beyond for my case . I was wrongfully accused of reckless driving . He could of just told me to take first plea deal and been done with it . Instead he suggested I refuse . The prosecutor in turn ran us around for months refusing to budge. Dan was sted fast in his support for me and never wavered. What started as a reckless driving which is a criminal offense ended as an unsafe driving ( 0 point offense). All thanks to Dan's hard work and perseverance
Cj Craddock
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23:13 16 Sep 18
The best of the best, there's no other choice if you're looking for legal representation. Simply an incredible attorney. Helped me get out of a serious jam.
Jim Gilligan
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22:51 08 May 18
Dan Matrafajlo was fantastic. From the moment I hired him he handled everything from scheduling my court date to representing me with my traffic ticket. Literally, all I had to do was show up to court. He put me at ease throughout the whole process and had my fine reduced dramatically!! I highly recommend him.
A J Sports
A J Sports
02:40 26 Apr 18
Dan Matrafajlo one the best attorneys ever I was completely satisfied and he has one of the best teams working for him .. I would and have recommended him .
Janie Carr
Janie Carr
03:37 25 Apr 18
Represented my mother when she had an accident, highly recommend him as an attorney
george gialamas
george gialamas
20:57 25 Mar 18
I don't know much about Beninato but I know a lot about Matrafajlo Danny Matrafajlo is very ambitious, smart, knowlegable, helpful lawyer I have ever know.Keep that way DannyHappy Thanksgiving to you and your family
Julia Bbnck
Julia Bbnck
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Google User
Google User
16:00 30 Aug 17
Few months back, my husband had injured in a car accident. It seemed to be a small injury, but in fact it was brain injury and the truck who hit our car, ran away. We were so confused that how to survive and get compensation for brain injury. At that time, from my friend's reference, I got to know about Beninato & Matrafajlo Law, The firm handled our case very carefully and passionately, took the right steps for us and helped us in getting compensation. Thanks to Beninato & Matrafajlo Law!
Catelyn Martell
Catelyn Martell
05:42 26 Jul 17
Dan is an outstanding lawyer he has handled personal injury cases for me for a couple of my friends he has handled matrimonial and Municipal Court tickets and everyone is happy with his services
Sove Alcequiez
Sove Alcequiez
20:05 23 Jul 17
I was referred to Dan Mantrafajlo by a dear friend of my that I respect greatly. This friend said that Dan was the type of lawyer that made the hard work she was putting into law school worth it...I found this to be very true. Professional, hard working, informed and willing to go above and beyond. This is a real review from a real client.
Damon O'Gara
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Very professional. I highly recommend it to anybody.
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01:46 12 Jul 17
Simply put he is the best! He was professional, prompt and always acted in my best interest. Couldn't have expected a better outcome.
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Jola Kotowski
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13:36 28 Dec 16
Best attorney you can have!!!
Natasha Garcia
Natasha Garcia
01:07 22 Dec 16
Mr. Matrafajlo has represented me in a civil case where I was struck and injured by another vehicle.His professionalism and hard work truly made my experience seamless. There will be unpredictable measures that life throws at you, it always helps to have someone you trust by your side.I highly recommend Mr. Matrafajlo or anyone in this law firm to represent them if need be.-Zack
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Michell Lopez
Michell Lopez
12:37 31 Oct 16
Dan Matrafajlo excellent lawyer. He solved my two previous cases. Individual approach, prompt actions, purposefully moving toward the success. Thank you Dan, yes you are the best of the best.
Svitlana Chaykivska
Svitlana Chaykivska
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Teresa Almeida
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16:31 30 Jul 15
Dan is an excellent attorney. Unlike most attorneys Dan actually cares about your case. He went the extra mile and did countless hours of research to help me win my case. I'd give him 10 stars if I was able to.
rob cif
rob cif
14:44 31 Mar 15
I starting using Dan after a VERY bad experience with a previous attorney who took advantage of our family. Dan is a great lawyer and very competent. While he specializes in personal injury, he and his office staff proved themselves on multiple occasions to be more then competent in other areas of the law. He's quick to respond and always makes us feel like our case is his top priority. I have since referred him to multiple people and their experience has been a positive one as well. His rates are reasonable and he has no desire to drag things out, file extension after extension etc. and rack up my bill as our previous attorney did. We highly recommend Dan Matrafajilo Esq., as does everyone I know who have used his services before.
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Conrad Willkomm
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01:52 22 Aug 14
I highly recommend Dan if you you need help with a legal issue. He has first hand knowledge of the local courts and will fight for you.
Bryan Powell
Bryan Powell
00:23 01 May 14
Jose Escalante
Jose Escalante
03:56 11 Nov 13
Dan is the best attorney ever!!!
Michael Arlen
Michael Arlen
03:05 02 May 13

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