QUESTION
How long does an employer or their workers comp insurance have to get me an appointment with an orthopedic after my bicep muscle got ripped off?
Asked on Jul 31st, 2018 on Workers Compensation - New Jersey
More details to this question:
My bicep muscle was ripped off at work yesterday and my employer told me to go to any doctor or hospital. So I went to the local ER and then gave my employer everything the ER doctor wrote up saying I need to see an orthopedic surgeon to have my muscle reattached. My employer’s HR rep told me she would speak to the company owner and get back to me. I heard nothing back yesterday and only got a text back today after 6pm saying that they are waiting to see what the insurance company wants to do. I just want my arm fixed so I can go back to work. So I am wondering how long they can legally wait before sending me to an orthopedic surgeon to get my arm fixed? What do I do now if they drag their feet?
1 ANSWER
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Edward P. Shamy, Jr. Law Offices
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Hi Patrick,
Unfortunately, there is no law that requires an employer or insurance company to authorize a physician within a certain period of time There should be a law but there isn’t.
So your best recourse is to retain counsel to represent you to file a motion for medical benefits to compel the insurance carrier to authorize an orthopedic specialist or to allow you to select your own orthopedic physician
I would not wait to take action because the quality of the result that can be obtained on the reattachment of your bicep tendon could be adversely affected by a delay in receiving that treatment.
Sincerely,
Edward P Shamy, Jr
732-821-0400
Answered on Aug 21st, 2018 at 5:40 AM