Reaching MMI soon - worker comp - NJ

Asked 10 months ago - Lodi, NJ

I have a work injury at farmland dairies in Wellington on jan 21-2013
Lower back
On work comp benefit since the injury
I did PT almost the whole year . One injection . Did an l4-l5 surgery on oct 15th
I'm seeing two WC DRS . One who did the surgery and a paing management dr who seems very bad and for a favor of the NCM who attends all my dry visits
They asked me to go to an FCE on jan 23 than an MMI will follow it
Did the fce .saw the WC surgeon who said the fce result shows that's you can't go back to work and I'm seeing the PM dr this Friday .
This Friday the company is shutting down . And the NCM told me to apply for unemployment . How ? If the dr won't release me to Work ? What is next ? What's after the mmi ? What's going to happen when my employer is going out of business ??

Attorney answers (9)

  1. Christian K. Lassen II

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    Answered . Bottom line is that the workers compensation company has to pay you until you reach max medical improvement, but schedule a sit-down with a local Lodi wc lawyer to discuss in full.

  2. Patrick X Amoresano

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    Answered . You mean you've been through all of that and you've yet to retain a workers compensation attorney to protect your rights and pursue a permanency claim?

  3. John M O'Brien

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    Answered . As my colleagues has already said, you should definitely consult with a workers compensation attorney as soon as possible. You can easily search for one using Avvo's find a lawyer tool http://www.avvo.com/find-a-lawyer

  4. Douglas Wayne Jones Jr

    Contributor Level 15

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    Answered . I don't think it can be said enough, retain an experienced workers' compensation attorney promptly. He/she will be able to evaluate all of your facts, guide you in the correct direction concerning workers' compensation benefits and other state/federal aid which you may be entitled to. Good Luck

    You may contact this Firm at (609) 242-5319 if you need further advice or wish to retain this Firm as the answer... more
  5. Mark T McMenamy

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    Answered . The workers compensation company must continue to pay you until you reach MMI. The fact that Farmland is closing is not material to the workers compensation insurance company's obligation to pay you temporary disability benefits until such time as you are declared, by a doctor, to have reached MMI. If they cut you off before you reach MMI, retain a workers compensation attorney to file a motion for the payment of temporary disability benefits to you until such time as you reach the point of maximum medical improvement ("MMI"). Regardless of the above, you will need an attorney to handle your permanent disability claim, however, there is no rush to file that claim. You have two years in NJ from the last payment of a workers compensation benefit to file your Employee Claim Petition against your employer to recover an award for your permanent injury and the payment of a benefit includes the payment of a medical bill or the payment of any money to you in temporary disability benefits.

  6. David Ian Schoen

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    Answered . FYI consult with a local workers' compensation attorney ASAP

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  7. Michael T Warshaw

    Contributor Level 17

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    Answered . Run, do not walk to a workers; compensation lawyer to explain all of this to you. If you already have one, then speak to him/her and ask these questions. Use Avvo find a lawyer feature to locate one near you.

    The content of the this submission is intended to provide general information on the topic presented, and is... more
  8. Gregory Martin Jachts

    Contributor Level 10

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    Answered . You should contact an attorney at once. There are several issues that need to be resolved.

  9. Jason Alexander Richman

    Contributor Level 13

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    Answered . If you filed a comp claim and your employer had insurance on the date of your accident then you are covered whether or not they go bankrupt. If they did not have insurance then you will be covered in any event by the NJ "Uninsured Employer's Fund" which is designed to protect NJ workers from this type of situation, among others. You need to hire a Comp specialist attorney on January 22, 2013....

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