Do I have Any Right to Choose my Doctor in New Jersey Workers’ Compensation?

Employers are charged with providing immediate medical attention following a work related accident or illness.  As such, the employer has the absolute right to choose medical providers and direct care.  N.J.S.A. 34:15-15 states, “The employer shall furnish to the injured worker such medical, surgical and other treatment, and hospital service as shall be necessary to cure and relieve the worker of the effects of the injury  and to restore the functions of the injured member or organ where such restoration is possible…”  Except in emergencies, when an injury is reported, an employee is referred to the company doctor.  This can be an on premises employee health clinic, a nearby general practitioner, a walk in clinic or other medical facility designated by the employer.  Unless expressly approved in advance, an employee is not permitted to seek treatment through his or her personal physician.  If an employer directs an employee to use their major medical insurance, this is deemed authorized care for the purposes of tolling the statute.  See Sheffield v. Schering Plough Corporation, 146 N.J. 442 (1996).  Generally speaking any referrals for diagnostic testing or to a specialist must come from the initial authorized treating doctor.   However, “If the employer shall refuse or neglect to comply with the foregoing provisions of this section, the employee may secure such treatment and services as may be necessary and as may come within the terms of this section, and the employer shall be liable to pay…”  Employers are also responsible for providing medical treatment that is deemed palliative as long as the treatment is necessary to relieve or cure of the effects of a work related injury.  See, Hanrahan v. Township of Sparta, 284 NJ Super 327 (App.Div.1995) certification denied 143 NJ 326 (1996).   Orders for Total Disability include a line on page three to designate an authorized treating physician.  Where an employer is uninsured, medical treatment is directed by the Uninsured Employers Fund.