Posted: December 7, 2009 By: Ronald H.Siegel
Mesothelioma victims and other workers who suffer death dealing occupational diseases now have the right to seek emergent medical care. On October 1, 2008, Governor Corzine signed the "Emergent Medical Care" Law. N.J.S.A. 34:15.3.
The steps a worker's lawyer must follow are:
Medical documentation from a physician stating that a worker is in need of emergent medical care that is not being provided by his employer or its insurance company.
Evidence that a request has been made to the worker's employer for the treatment.
The Medical documentation must also that a delay of treatment will result in irreparable harm or damage, and must further state the specific nature of the irreparable harm or damage.
The Medical documentation shall include all medical records in possession of the worker and the worker's attorney.
The medical documentation described above must be served on the employer AND the employer's insurance carrier or their attorneys.
Once the Motion is filed, an initial conference shall take place within five(5) days of the filing of the Motion. Within fifteen days, the employer or its insurance company shall have the petitioner examined by a physician.
The Rules of Division of Workers Compensation require the Supervising Judge in each city or area where the worker lives to hear this matter. The Supervising Judges are generally among the most experienced Judges of Workers' Compensation.