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Medical marijuana has been legal in New Jersey since 2010, but most employers and workers’ compensation insurance companies have thus far refused to cover the costs of medical marijuana when prescribed to treat a work-related injury. That practice has been ruled a violation of law by a workers’ compensation administrative law judge, in a ruling handed down in February, 2017.

In the case before the administrative law judge, a worker at a lumber company sustained an injury to his hand, and experienced ongoing pain. His doctor prescribed medical marijuana and the man filled the prescription at a state-authorized dispensary. His employer and the employer’s workers’ compensation insurance provider refused to reimburse him for the costs of the drug, so he stopped using medical marijuana and started using Percocet, which he claimed was less effective and had undesirable side-effects. He then brought legal action against his employer and the workers’ compensation insurer, asking for reimbursement of past expenses, as well as a ruling that all future prescription costs would be covered by workers’ compensation.

After hearing evidence from both parties, the judge concluded that the expense of the medical marijuana should have been reimbursed, as it was for prescription medication that was legally dispensed in New Jersey. Citing evidence that indicated that the medical marijuana was not “as debilitating” as the other medications the injured man had substituted, and that the medical marijuana had successfully treated his condition, the administrative law judge also ordered the workers’ compensation insurer to cover all future prescriptions for state-sanctioned medical marijuana.

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At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

We handle all workers’ compensation claims on a contingency basis. We won’t charge you attorney fees if we don’t recover compensation for your losses.

Amputation Claims, Settlements and Awards

A woman crossing the street in Paterson New Jersey was struck by a bus. Her injuries required amputation of her left leg above the knee, and amputation of part of her right foot. New Jersey.com news reported that more than two years after she filed a claim, she reached a $7.7 million settlement with the transit agency.

A 24-year-old man entered the emergency room after the tip of his finger was severed in an accident. In a paper presented as part of the New Jersey Medical School Interesting Case Series, authors Hahn and Travato suggest that treatment options might vary depend on, among other things, the patient’s age.

The U.S. Consumer Product Safety Commission toddler chair was recalled after two cases of finger amputation or severe finger injury.

What is the value of an amputated leg, finger, or arm?

A person who loses a limb as the result of the negligence or intentional act of another is legally entitled to compensation. What wisdom do the courts and insurers employ to determine the value of a toddler’s finger or an athlete’s leg?

The first and foremost concern of an insurance company is keeping the award low. Typically, the insurer will offer a quick, simple settlement for an amputation injury. A victim is advised to consult with a personal injury attorney before speaking with insurance company representatives about the accident or any settlement. There will be no legal fees for a consultation. The lawyer, experienced in dealing with insurers, will handle the claim while the amputee deals with pain, recovery, and grief over the loss. An appropriate personal injury law firm will have a proven record of successful representation, and have the resources to arrange for investigations, medical and rehabilitation evaluations.

A broad range of factors may affect the outcome of an amputation claim. The judge, jury, or insurance adjuster awarding damages or negotiating the settlement will consider circumstances surrounding the accident, age of the victim, any permanent loss of function, cosmetic effects of the amputation, cost of future treatment, disability accommodations, and any other issues brought to light at trial or in negotiations. The quality of legal representation is critical—insurance companies have entire legal departments employed to contest claims.

A personal injury attorney will file claims for damages against all negligent parties. Causes of accidental amputation and related liability claims may include dangerous conditions on property (premises liability), defective toys, tools, auto parts and other manufactured products (product liability), doctors’ errors and hospital negligence (medical malpractice), construction accidents, and all types of motor vehicle accidents.

If the amputation was due to a work-related injury, the state of New Jersey Workers’ Compensation Law provides a schedule that outlines in specific detail compensation for loss of an eye, loss of the thumb to the first joint, loss of a tooth, amputation of a leg at the knee, and other amputations. Compensation is defined in terms of weeks of work.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

Workers’ Compensation Claims – Do I need to See My Doctor?

Mount Laurel Workers’ Compensation Attorneys

If you’ve been injured in a work-related accident, your employer’s worker’s compensation insurer will likely ask you to see one of their doctors to verify your injuries and condition. While this may seem reasonable and simply part of the worker’s compensation process, don’t assume the doctor who exams you is primarily interested in making sure you are okay and being taken care of. A doctor that works for an insurer is interested in determining if your injuries are due in part to a prior condition or as serious as you claim.

In this capacity, an insurance doctor is in part an agent of the insurer and has an incentive to protect the interests of the insurer. As a result, the severity of your injuries may be questioned or downplayed while your length of recovery shortened by recommendation of the doctor.

Consult Your Doctor | Protecting Your Interest after a Work – Related Injury

Under New Jersey’s worker’s compensation laws, an employer (or the employer’s insurer) can select the doctor you have to see. However, you can elect to consult your own doctor if you tell your employer (or their insurance carrier) that you are under the care of a particular doctor. If your employer requires you to see a particular doctor you should be able to see your own doctor after a certain amount of time has passed or to get a second opinion. However, you may be responsible for any expense incurred in seeing a doctor of your selection.

Getting a Second Opinion | Disputes and Worker’s Compensation Claims

When you see the insurance doctor, you’ll likely be asked a series of questions about your medical history and the accident that injured you. If the insurance doctor has reason to believe your injuries are due completely or in part to a prior condition, you benefits may be reduced or denied altogether.

For example, suppose you suffer from carpal tunnel syndrome after being on the job for a year and a half. The insurance doctor might ask if you’ve ever had trouble with your wrist or arm before. Suppose you play guitar and tell the doctor that you’ve struggled on and off with pain and soreness for a few years. He might conclude that your injury is due to your guitar playing and constitutes a prior condition.

At this point, if your claim is denied or you contest the benefits offered, you’ll have to file a Claim Petition or Application for an Informal Hearing with the Division of Workers’ Compensation. Being prepared with a second opinion from your doctor may provide grounds for honoring or increasing your claim if the court is persuaded by the facts.

Contact Mount Laurel Workers’ Compensation Attorneys Taylor & Boguski

Employers don’t always inform their employees about their rights, nor do they always treat them fairly when it comes to protecting their job and returning to work. If you’ve been injured on the job, it’s important to talk to an experienced workers’ compensation attorney to ensure your rights are protected. To learn more about your rights under New Jersey workers’ compensation laws, contact Mount Laurel workers’ compensation attorneys at Taylor & Boguski.