Discovery in a Workers’ Compensation Claim

Mark | Lavigne, LLC has an experienced team that handles claims for injured workers throughout Northern New Jersey.

In workers’ compensation cases, employees have rights to certain types of discovery, typically including interrogatories, medical records or documents, and medical exams.

Interrogatories, or written questions, are usually permitted for cases of occupational injuries or matters in which a workers’ compensation claim has been re-opened. Other types of interrogatories can also be requested when there is a question of a prior injury.

Documents are usually demanded by the petitioner in order to obtain medical records from the respondent, or employer. The medical records demanded usually pertain to the employee’s treatment by the employer’s doctors. However, the employer may also be entitled to medical documents from the employee. The employer may have the right to demand documents, for example, when the injured employee has received medical treatment from a doctor outside the insurance company or has prior medical records that are unrelated to the present injury but refer to the same injured body part.

Mark | Lavigne, LLC’s experienced team is here to help you throughout your workers’ compensation claim. Our team can guide you through this often confusing and daunting process. Contact us or call us at 908-460-8996 for your free consultation.