New Jersey Workers’ Compensation Cases: The Request for Physical Examinations
If you have been inured while at work or during the course of employment, you may be entitled to New Jersey workers’ compensation benefits. Once you have successfully applied and are receiving the benefits that you deserve with the help of your New Jersey workers’ comp lawyer, you may still need to submit to certain guidelines in order to continue receiving these benefits. One such requirement is a request to submit to a physical examination.
Rules Regarding Physical Examination Requests
Your employer’s liability carrier has the legal right to request for you to submit to a physical examination and X-ray as often as may be reasonably necessary. This request must be at a reasonable time and place and must be conducted by a physician authorized to practice medicine in the state. However, in certain situations where the medical condition requires a specialty, the carrier may request for the examination to take place in either New York or Philadelphia, as long as they are paying for travel expenses.
If you refuse to submit to a physical examination, the insurance carrier has the right to cease your compensation benefits. This cessation is final with respect to the period of suspension and you will not be able to recoup the lost compensation, even if you later submit to the examination.
As such, our New Jersey workers’ comp lawyers advise clients to submit to the physical examination to the best of their ability.
Requesting Your Own Physician to Conduct the Examination
Generally speaking, you do not have the option of making the ultimate choice as to which physician will perform the examination. However, you may have some statutory options:
You may have your own treating physician present during the examination.
You can request that the doctor assigned be of your own sex.
Your apprehension to medical treatment and confidence in your own doctor may be justifiable grounds for refusing treatment proposed by the insurance carrier’s physician.
If you have any reservations about the requested physical examination or the recommendations of the physician upon examination, you should immediately discuss these with your New Jersey workers’ comp lawyer.
If your employer or its insurance carrier has requested you to attend a physical examination, you should call your workers’ compensation lawyer in New Jersey.
To schedule a complimentary consultation, call attorney Dan Matrafajlo at (908) 248-4404 for a free consultation.