A FAILED SYSTEM OF HEALTH CARE DELIVERY: The Workers Compensation System in New Jersey.Cite: (Law Review) 28 Rutgers L. Rec. 3 (May 1, 2004).


Jay H. Bernstein, Esq.

A FAILED SYSTEM OF HEALTH CARE DELIVERY: The Workers Compensation System in New Jersey.


Cite: (Law Review) 28 Rutgers L. Rec. 3 (May 1, 2004)

The New Jersey Workers Compensation System supports systemic medical malpractice in all but name: medical decisions are made by unqualified, non- licensed, laymen: insurance adjusters, lawyers, and judges. “Judges of Compensation”, many with no litigation, workers compensation, or medical background, decide whether a worker will have surgery or not. They try their best to be fair, but their decisions, by necessity, are arbitrary and unscientific. Your chance for a course of treatment depends on the luck of the draw, i.e.—which judge you are assigned.

There must be a more civilized, economically efficient way to deliver health care to our workers. There must be a better way. Possibly national health care. Our present day workers’ compensation system, copied from a 19th century German model, is medieval and wrong. The workers’ compensation system, originally intended to end litigation, and provide fast treatment and payment with a “no fault” approach, has failed. Codified originally as a civil code enactment – the workers’ compensation system has become stymied and entangled in a growing body of precedent and case law and is grinding to a halt.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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