Legal Question in Workers Comp in New Jersey

Job Security during a workers compensation claim

If an employee has been out on a workers compensation claim, is the employer required to hold his job for them? What if the employer terminates the who department where the employee worked?


Asked on 5/20/04, 11:32 am

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Job Security during a workers compensation claim

New Jersey is what is known as an "At WIll Employment" state. What this means is that you can be fired from your job for any reason or no reason at all, as long as it isn't for discrimination reasons. If you are out of work for any period of time and your employer needs to have the position filled, then they do not have to hold your job open for you. If they eliminate the whole department, then they do not have to find a new position for you. The only exceptions would be if you had a union contract or some other type of employment contract that would prevent them from doing so. It sounds to me like you have a serious injury if you are out of work because of your getting hurt. I think that you should talk to a lawyer about your situation to get a better idea of what rights you have. I am a lawyer who has been doing workers compensation cases in New Jersey for many years. Please call me at 908-272-0111 to talk about your case. There is no charge at all for calling and discussing your case. Please give me a call today. Thank you. -Ronald Aronds, Esq.-

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Answered on 5/20/04, 11:56 am
John Pinho John Pinho

Re: Job Security during a workers compensation claim

I agree with Attorney Ronald Aronds' response to you. I would concentrate on getting better and completing your treatment and not worry about what will happen when you are released to return to work. Circumstances will change between now and the day you are authorized to return to work. If your job is no longer available, you will be entitled to receive unemployment benefits until you find a new job. Remember when one door closes, another one opens. Several of my client's have found better paying and rewarding jobs because they were laid off so don't worry about it until you get there.

My office handles workers compensation claims and has offices in Newark (Ironbound Section) and Harrison. I would be happy to meet with you to discuss your case and your entitlement to permanent disability benefits. Please call me at (973) 344-0808 to schedule an appointment. The consultation on workers' compensation matters is free.

John M. Pinho, Esq.

www.DaSilvaPinho.com

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Answered on 5/20/04, 12:40 pm


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