Getting to medical appointments can be difficult after a workplace injury, especially when pain, mobility limitations, or transportation problems make travel more complicated. Telehealth may provide a convenient option for certain appointments, but injured workers should understand how virtual care fits into the New Jersey workers’ compensation system.

You may be able to use telehealth for workers’ compensation treatment in New Jersey when the visit is part of your authorized care and the provider determines that remote treatment meets the same standard of care as an in-person appointment. Because employers generally control authorized workers’ compensation treatment, you should not replace prescribed in-person care with an unauthorized virtual provider or appointment without first confirming the arrangement.

Key Takeaways: Can You Use Telehealth for Workers' Compensation Treatment in New Jersey?

• You may be able to use telehealth for workers' compensation treatment in New Jersey: The appointment generally must be part of the authorized treatment arrangement, and the provider must determine that virtual care is medically appropriate.
• Your employer generally controls authorized treatment: The employer or its insurance carrier can usually select the health care professionals who treat a work-related injury.
• The provider decides whether remote care is clinically appropriate: New Jersey law holds telehealth providers to the same standard of care that applies in person.
• Some appointments still require in-person care: A provider must direct a patient to in-person care when telehealth cannot meet the applicable standard.
• An employer-requested examination is different from routine treatment: Refusing a reasonable physical examination requested by the employer can suspend compensation while the refusal continues.
• A worker cannot necessarily demand telehealth: If the employer is providing adequate authorized treatment in person, the worker may not have the right to insist that the treatment occur remotely.

How Can You Use Telehealth for a New Jersey Workers’ Comp Injury?

New Jersey law permits licensed health care providers to deliver services through telemedicine or telehealth when the provider establishes an appropriate provider-patient relationship and determines that remote care can meet the same standard that would apply in person.

Under New Jersey’s telehealth law, the provider must consider whether telehealth is appropriate for each encounter. If the necessary evaluation or treatment cannot be provided remotely while meeting the applicable standard of care, the provider must direct the patient to seek in-person care.

These rules apply generally to health care delivered through telehealth. New Jersey workers’ compensation law does not establish a separate list of virtual appointments that injured workers are automatically entitled to receive. Whether telehealth is available depends on the authorized treatment arrangement, the services needed, and the provider’s clinical judgment.

Who Decides Whether Workers’ Comp Treatment Can Occur Remotely?

Under N.J.S.A. 34:15-15, the employer must furnish medical, surgical, hospital, and other treatment necessary to cure or relieve the effects of a work-related injury and restore function where possible.

The employer or its workers’ compensation carrier generally has the authority to select the health care professionals who provide that treatment. An injured worker should therefore confirm that a proposed telehealth appointment is part of the authorized care before relying on it as a substitute for a scheduled in-person visit.

Within that authorized treatment arrangement, the provider makes the clinical decision about whether telehealth is appropriate. The provider must determine whether remote care can meet the same professional standards that apply to an in-person appointment.

Workers should not assume that an appointment is authorized merely because a provider offers telehealth. Likewise, they should not cancel or replace prescribed in-person treatment without communicating with the authorized provider and, when necessary, the employer or carrier handling the claim.

What Workers’ Comp Appointments May Be Appropriate for Telehealth?

The law does not establish fixed categories of workers’ compensation appointments that must or may occur virtually. Depending on the injury and the provider’s judgment, telehealth may sometimes be appropriate for:

• Follow-up conversations about symptoms and recovery.
• Discussions of MRI, X-ray, CT scan, or laboratory results.
• Medication monitoring and discussions of side effects.
• Behavioral health counseling.
• Reviews of work restrictions.
• Certain visual assessments or recovery check-ins.
• Discussions about referrals, treatment plans, or future care.

The fact that an appointment appears on this list does not mean that telehealth will be appropriate in every case. For example, a provider may need to examine a surgical incision, occupational rash, or burn in person if a visual assessment through video would not provide enough information.

Telehealth may also be inadequate when the provider needs to test strength, sensation, reflexes, stability, or range of motion; palpate an injured area; perform diagnostic testing; administer treatment; or evaluate symptoms that could require urgent care.

When Is an In-Person Examination Required?

An authorized provider may require an in-person appointment whenever remote treatment would not satisfy the applicable standard of care. The need for hands-on testing, imaging, procedures, or a more detailed physical examination may make an in-person visit necessary.

New Jersey workers’ compensation law also permits an employer to request a separate physical examination. Under N.J.S.A. 34:15-19, an injured worker must submit to a physical examination or X-ray at a reasonable time and place within New Jersey when reasonably requested by the employer. The worker may request to have a physician of their own selection present and participating in the examination.

Refusing an employer-requested examination can suspend the worker’s right to compensation while the refusal continues. No compensation is payable for the period of suspension.

This rule should be distinguished from a dispute over medical treatment. Under N.J.S.A. 34:15-23, an employer that believes a worker is refusing necessary treatment or failing to follow the authorized physician’s instructions may file a petition with the Division of Workers’ Compensation. If the Division orders appropriate treatment and the worker refuses or neglects to comply, the award may be modified as the evidence justifies.

Because the consequences depend on the type of appointment and the circumstances, an injured worker who cannot attend in person should communicate promptly with the provider and the party handling the claim rather than simply missing the appointment.

How Do Telehealth Records Affect a Workers’ Compensation Claim?

A provider who delivers care through telemedicine or telehealth must maintain a complete record of the patient’s care and comply with applicable recordkeeping and confidentiality requirements.

Records from an authorized virtual appointment may document:

• The worker’s reported symptoms.
• Observations made by the provider.
• Changes in the worker’s condition.
• Current medications and reported side effects.
• Treatment recommendations.
• Work restrictions.
• Referrals for testing or in-person care.
• The provider’s assessment of the worker’s ability to return to work.

These records may become relevant when evaluating medical treatment, temporary disability benefits, work restrictions, or permanent disability. Their significance depends on what they document and which medical or legal issues are disputed.

During a virtual appointment, workers should describe their symptoms, limitations, and changes in their condition as accurately as possible. They should also tell the provider if the remote format prevents them from demonstrating or explaining an important symptom. The provider can then decide whether an in-person examination is necessary.

What Happens If You Miss an Authorized Telehealth Appointment?

Failing to attend authorized treatment may create questions about whether the worker is following the prescribed treatment plan. However, the consequences are not automatically the same in every case.

A missed appointment does not necessarily end a claim or immediately terminate benefits. The reason for the missed visit, the worker’s communications with the provider, whether the appointment was properly scheduled, and whether there is a continuing pattern of missed treatment may all matter.

If a technical problem prevents a telehealth appointment from occurring, the worker should contact the provider promptly, document what happened, and reschedule as directed. Maintaining clear communication can help distinguish a technical or scheduling problem from a refusal to participate in treatment.

Can You Challenge a Dispute Over Telehealth Treatment?

An injured worker cannot necessarily require the employer or carrier to provide treatment through telehealth when adequate authorized care is available in person. Convenience alone may not establish a right to use a preferred remote format.

However, the employer remains responsible for furnishing reasonable and necessary treatment. If the employer or carrier refuses or neglects to provide that treatment, the worker may file a formal claim petition and a Motion for Medical and Temporary Benefits with the New Jersey Division of Workers’ Compensation. If a formal claim is already pending, the motion may be filed in that case.

A judge of compensation may determine whether the employer has fulfilled its obligation to provide necessary treatment and resolve the disputed treatment arrangement based on the evidence presented. If the disagreement involves telehealth, medical documentation explaining why remote care is appropriate—or why the available in-person arrangement does not reasonably provide the necessary treatment—may be relevant.

A general disagreement about convenience is different from an employer’s failure to furnish necessary care. Injured workers considering a formal motion may benefit from speaking with an attorney about the facts and evidence involved.

Frequently Asked Questions About Telehealth and Workers’ Compensation Treatment in New Jersey

How do you request a virtual medical appointment?

Raise the request with the authorized treating provider. Ask whether telehealth is medically appropriate and whether the appointment can be scheduled as part of the authorized treatment arrangement. Depending on how the claim is being administered, the provider may also need to coordinate with the employer or carrier.

Do not assume that a visit with your personal physician or an outside telehealth service will be covered simply because it concerns your workplace injury.

Can an employer deny a virtual doctor visit?

An injured worker cannot necessarily insist on a virtual appointment. A request may be declined because the authorized provider believes an in-person examination is necessary, the provider does not offer remote appointments, or the proposed visit is not part of the authorized treatment arrangement.

The employer must still furnish reasonable and necessary treatment. If the employer refuses or neglects to provide that care, the worker may be able to file a formal claim petition and a Motion for Medical and Temporary Benefits with the Division of Workers’ Compensation.

Can the employer require you to attend an in-person examination?

Yes. N.J.S.A. 34:15-19 permits an employer to request a physical examination or X-ray at a reasonable time and place within New Jersey. Refusing that examination can suspend compensation while the refusal continues.

Can you use your own telehealth doctor for a workers’ comp injury?

You should not assume that treatment from a provider you select independently will be covered. New Jersey employers generally control the authorized medical providers for workers’ compensation injuries.

Exceptions may apply when an employer refuses or neglects to provide necessary treatment, when the circumstances make notice impossible, or under other circumstances recognized by N.J.S.A. 34:15-15. Because responsibility for unauthorized treatment can become disputed, it is generally best to request care through the employer before selecting another provider.

Does using telehealth reduce the value of a workers’ comp claim?

Using authorized telehealth does not, by itself, determine the value of a New Jersey workers’ compensation claim. A permanent disability award or settlement depends on the applicable benefits, medical evidence, disability findings, and circumstances of the claim.

Following the authorized treatment plan and attending scheduled appointments can help create a consistent medical record for evaluating the claim, whether the care occurs remotely or in person.

Need Legal Help? Brandon J. Broderick, Attorney at Law, Is Here for You

Questions about authorized treatment can become complicated when an employer requires in-person care, a provider recommends telehealth, or necessary medical treatment is delayed or denied. An attorney can review the treatment arrangement, explain the worker’s options, and help address disputes through the New Jersey Division of Workers’ Compensation when appropriate.

At Brandon J. Broderick, Attorney at Law, we help injured workers understand their rights and pursue the medical and financial benefits available under New Jersey law. Our team is available 24/7 to listen to your story and review the circumstances of your claim. Contact us today.