Legal Question in Workers Comp in New Jersey

Two guys that work for me got into a fist fight one claims he was attack but I feel he was just upset cuz the other guy got the best of him . The police filed a report and said they weren't signing a complaint it was nothing more than simple assault. However the guy went to hospital and they said a sprained back and ankle altough his wife keeps saying it's broken I don't think it is she said the doctor gave him a note no work for a week also I would like to just let him go my work season is almost over and I'm out of work and I don't think him coming back would really work now


Asked on 10/22/09, 8:55 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

It sounds like these gentlemen are both bad employees, if they were fighting on the job. Even if they were fighting after work, it does not sound like a good idea to have them both working for you any longer.

You could use a lawyer's help to get this done, without giving either of them a good reason to come after you.

Please give me a call to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 10/28/09, 11:22 am
Ronald Aronds Law Office of Ronald Aronds, LLC

You don't have to take the guy the guy back at work, however you do have to report this incident and his alleged injuries to your workers compensation insurance carrier. They will do an investigation and determine whether or not to provide medical care and temporary disabiity payments to the injured worker. The law also says that if you get hurt after you voluntarily engage in a fight, then you are not entitled to workers compensation for that injury, but it is up to the workers compensation insurance carrier to make that determination.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/29/09, 9:52 pm


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