Letigation and Adjudication

Welcome to our Orthopedics Practice Workers’ Compensation Guide! This resource is designed to offer a concise overview of workers’ compensation concerning orthopedic injuries. It is essential to understand that this guide is intended for general informational purposes only and should not be considered a substitute for professional advice.

For more detailed and tailored information based on your specific circumstances, we recommend visiting the official workers’ compensation portal. This portal provides the latest regulations, forms, and additional resources to ensure you have access to accurate and up-to-date information. Your well-being is our primary concern, and we trust that this guide will serve as a helpful starting point for your understanding of workers’ compensation in the context of orthopedic care.

Letigation and Adjudication

What is the time frame mandated by law for the Workers’ Compensation Insurance carrier to process payments, and what entitlement may arise if there is a delay beyond this period?

According to the law, the Workers’ Compensation Insurance carrier is obligated to process the payment within 60 days. If there is a delay beyond this period, you may be entitled to receive simple interest on the delayed payments. However, a more realistic expectation is to receive the initial payment within 6 to 8 weeks from the date when the judge’s order is executed.


What authority does the employer have, according to the statute N.J.S.A. 34:15-15, in choosing health service professionals for an injured worker’s care, and what recourse does an employee have if the provided services are not reasonable and necessary?

The statute N.J.S.A. 34:15-15 grants the employer the authority to choose health service professionals for an injured worker’s care. Nevertheless, if the employer fails to provide services that are reasonable and necessary for curing and relieving the worker’s injury effects or restoring function, the employee can take action by filing a Motion for Medical and/or Temporary Disability Benefits. The filing procedures are outlined in the Rules of the Division of Workers’ Compensation, N.J.A.C. 12:235-3.2. These proceedings are prioritized highly and are scheduled before a judge within 30 days of the proper filing of the motion.


How can individuals determine the tentative date of their next Workers’ Compensation hearing, and what steps should be taken if representing oneself without an attorney?

To determine the tentative date of your next Workers’ Compensation hearing, it is advisable to reach out to your attorney. If you are representing yourself, the Division will send written notice through the mail approximately two (2) weeks before the scheduled hearing.