I injured my back at work in travel industry. My job is based in NJ, but I don't live in the Northeast. I was seeing a Dr at home selected by WC adjuster. Dr left restrictions off paperwork for 1 visit. WC would not pay me for that time period til I returned to Dr and restrictions were added. Approx 2 months. Had to apply for company LTD to pay bills. LTD required me to apply for NJ disab which required me to complete an employee claim petition. Tried epidurals and they didn't work. Dr placed me at MMI in Jan. NJ payed me since then for the 2 months. I've been seeking Chiro care and PT and been trying to get a shot in piriformis as suggested by PT on my own. Herniated L4/5 and sciatica especially when sitting. Got notice today in mail for hearing in NJ in 10 days. what to do?Thanks, I will change it to NJ.
Your question was posted in the section of Avvo for Florida's workers' comp issues, but your question mentions only New Jersey. This is important, because w/c laws are state specific, and the laws of Florida do not necessarily have anything to do with those of New Jersey. If you are sure your case belongs in NJ's w/c system, then please move the question over to that Avvo forum. On the other hand, you did state that you were injured "at work in travel industry" and that you were "based in NJ" but you "don't live in the Northeast." If you were injured in Florida, then Florida would likely have jurisdiction over your case, and a claim could be brought here instead of NJ. If you were injured in Florida, please go see a Florida w/c attorney to discuss whether it would be in your best interests to file a claim here.
You need to seek counsel with an attorney in NJ who can assist you in the coordination of benefits with w. comp and LTD. If you have a herniated disc at L4-5 accompanied by sciatica you may need surgery if p.t. doesn't resolve your symptoms. It should be covered by comp as well as your lost time.
Dear Deland, FL:
Without a doubt, you should seek advice from a NJ workers' compensation attorney.
The very first quesiton is jurisdiction, which means: where it is proper to file your case?
You say you filed a Claim Petiton, which is filed in the Dept. of Labor, Div. of Workers' Compensation. Then, you say that NJ paid you for two months. Unless you are employed by the State of NJ, NJ did not pay you workers' compensation benefits. Did you receive state disability benefits? This is a program whereby NJ workers receive salary replacement (temporary disability benefits) for illnesses and injury OTHER THAN work-related conditions.
Your fact pattern is intriguing.
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