Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Prohibits workers' compensation reimbursement to certain entities for treatment paid on behalf of injured worker.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning workers' compensation and amending P.L.1953, c.207.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1953, c.207 (C.34:15-15.1) is amended to read as follows:
1. Whenever the expenses of medical, surgical or hospital services, to which the petitioner would be entitled to reimbursement if such petitioner had paid the same as provided in section 34:15-15 of the Revised Statutes, shall have been paid by any insurance company or other organization by virtue of any insurance policy, contract or agreement which may have been procured by or on behalf of such petitioner, or shall have been paid by any person, organization or corporation on behalf of such petitioner, the deputy directors or referees of the Division of [Workmen's] Workers' Compensation are authorized to incorporate in any award, order or approval of settlement, an order requiring the employer or his insurance carrier to reimburse such insurance company, corporation, person or organization in the amount of such medical, surgical or hospital services so paid on behalf of such petitioner, except that if an injured worker requests that the medical, surgical or hospital services be paid for by the insurance policy, contract or agreement, then there shall be no reimbursement to the insurance company, corporation, person or organization that paid for the services.
(cf: P.L.1953, c.207, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits reimbursement to an insurance company or other certain entities that paid for medical, surgical, or hospital expenses, due to a work-related injury, if the payment was made at the request of an injured worker.
Current law allows the Division of Workers' Compensation to require an employer, or the employer's workers' compensation insurance carrier, to reimburse an insurance company, corporation, person or organization in the amount of any medical, surgical, or hospital services paid on behalf of an injured worker.
The bill amends the workers' compensation law to prohibit reimbursement to these entities if their payment for services due to a work-related injury is at the request of the injured worker. The bill aims to curb the practice of some injured workers choosing their own personal insurance policy, such as a Personal Injury Protection (PIP) policy or similar coverage, to cover the cost of treatment incurred due to a work-related injury, and then having the injured worker's personal insurance provider seek reimbursement from the employer or the employer's workers' compensation insurance carrier.