Legal Question in Workers Comp in New Jersey
Job Reassignement
I have been injured on the job repeatedly resulting in 6 surgeries to same area so far and a good possibility for number 7. Doctor says I cannot physically return to my job. I am not looking for permanant disability but I cannot afford the large pay cut I woudl take by transferring to a clerical job. Is there a way that employer could be made to either find me a job at close to my present salary or be made to pay for training so that I could end up with a job that has similar pay. The surgeon has already stated that the arm is permantly partially disabled afterlast surgery.
1 Answer from Attorneys
Re: Job Reassignement
Unless you have some type of employment or union contract that says otherwise, your employer cannot be forced to send you for retraining or to find you a job at a similar pay. New Jersey is what is called an "at will employment" state, meaning that your employer cann demote you or let you go for no reason at all, as long as it wasn't done for reasons of racial, sexual, age, religious or other discrimination. In your case, even though the job being offered is at a lesser pay, this is more than your employer is legally obligated to do. What I can tell you is that you have the right to apply for a permanent disability award through workers compensation. This doesn't mean you will never work again - it just means that you have suffered some very bad injury on the job and you can get a monetary settlement for being injured. In fact, I'm a little surprised that someone so obviously injured as you hasn't been offered some voluntary award for your injury by the workers compensation insurance company. I am an attorney who has handled hundreds of workers compensation cases in New Jersey in the past. I would like to talk to you about how I can help you in your case. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply talking about a case with me. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com