The New Jersey Legislature had many goals in mind when it formulated a workers' compensation system for the state. In general, the goal was to relieve the injured employee of the burden of paying for his own medical care and to replace his lost wages on a temporary basis, as well as permanently when necessary. It is a system based upon expeditious administration so that compensation is awarded with a minimum of delay, and without a requirement for proof of fault. The Workers' Compensation Act also provides employers with a defined liability which is limited and determinate. In general, the administrative system which was established by the Act was created both to provide a direct remedy to the employee and to limit litigation against the employer.
The system was formulated to insure a dependable method of providing benefits to an injured employee during the period of his disability.
Is It Time For A Delay Of Game Penalty And Workers' Compensation?
Delay has always been a problem when injured workers need medical treatment. Traditionally, insurance companies, especially in hard economic times, have sought to hold onto their money and not distribute benefits. In a recent New Jersey workers' compensation case, the Appellate Division refused to allow the insurance company to "snow" the court with excuses on why it should not provide medical care to an injured worker.
A worker was seriously injured when he was struck by a forklift and was pinned against the wall by the machinery. An MRI indicated that the injured worker suffered a right hip anterior labral tear and the worker was conservatively treated with injections and chiropractic care. After nine months lost time he was able to return to work part time with a restricted limit to lifting of 20 pounds..
Six months after his return to work while merely walking through deep snow and he suffered a re-occurrence of the right hip pain and limitation of motion of the limb.