My Doctor Has Taken Me Off Work Because Of My Injury. Will I Be Paid For My Time Off?

Key Takeaways:

• If you are injured in a workplace or work-related accident and a doctor says you cannot work, you will be paid temporary disability benefits (70% of your salary, tax-free). However, this is only possible if the doctor who says you cannot work is an authorized treating doctor (the doctor chosen by the insurance company paying the benefits).
• If you choose to see a private doctor that is not authorized by the insurance company, you will not be eligible for temporary disability benefits.
• There are many different reasons why employers choose to deny—or try to deny—claims for workers’ compensation. Some of the most common reasons used are employees not notifying correctly, the employer not thinking the accident is serious enough, and the employer not wanting their insurance rates to go up. An experienced workers’ compensation attorney can help you with these sorts of denials.

If you are being treated by authorized treating doctor (the doctor that has been chosen by the compensation insurance company), and that doctor says that you cannot work, then you will be paid for your recovery time.

Specifically, you will be paid 70% of your salary, tax-free. This is called a temporary disability benefit. It is not provided by the state. Rather, it is provided by the workers’ compensation insurance company. This is one of the three benefits provided by these companies, along with the medical benefits and permanent disability that you are entitled to, as discussed in our previous article.

So long as the doctor who says you cannot work is the authorized treating doctor, you will get those benefits.

If you decide to go to a personal doctor who is not authorized, you will not be entitled to those benefits. You may be able to get temporary disability somewhere along the line, but you will likely have to fight even for that. Even if you get that temporary disability, it’s not going to help you immediately, when you are hurt and can’t work and need the money to pay your bills.

What are the Common Reasons That Employers Deny Temporary and Medical Benefits in Workers’ Compensation Injury Cases?

There are many different reasons that employers and insurance companies try to deny workers’ compensation claims. I’ve heard some wonderful excuses over the years to this effect.

The primary excuses used to deny workers’ compensation benefits are:

• The employer believes that the employee didn’t properly report the accident. If the accident was not reported in a timely manner, it raises a lot of potential questions with the employer as to whether you were actually hurt at work or elsewhere.
• The employer believes that the injury is not serious enough. Many employers believe they can decide which injuries do and do not qualify for workers’ compensation. Of course, it isn’t up to them what qualifies. If your employer is using this excuse, there are easy, verifiable ways to counter his denial.
• The employer doesn’t want their insurance rates to go up. Unfortunately, this sort of denial happens quite often. When accidents are reported and workers compensation claims are made, the employer’s insurance rates go up. In order to avoid higher rates, many employers resist reporting workers’ compensation claims or try to delay or interfere with them.

In many cases, if an employer is willfully resisting or denying a workers’ compensation claim, it’s because they believe they can take advantage of the employee in question. Maybe the employee is illegal or really needs the job, and the business owner is banking on them not filing a claim, all so that they don’t have to worry about their rates going up.

Those are among the most common reasons for workers compensation claim denials. All of these claims can be addressed by properly and promptly reporting your injury and if you are denied, and by going to an attorney who can help work through the process to ensure your rights are preserved.

For more information on Temporary Disability Benefits In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 208-3650 today.