Legal Question in Workers Comp in New Jersey
Lost employment during illness
I am a physician, who contracted legionaires disease(probably from one of the 6 offices I was employed at. I was told not to worry, just heal and there will be a job. Less than 2 months later, I was told he hired someone else (younger) I think I have several cases. Legionaires is rare and comes from the ventilation systems, and he didn't follow the FMLA.
Do I have a case?
2 Answers from Attorneys
Re: Lost employment during illness
If you contracted legionaires disease while in the course of your employment, then you do have a workers compensaiton case. Unless you had a work contract specifically stating that you could not get fired from your job without going through some sort of arbitration or other appeals process, then under NJ law your employer has the right to fire you if you are unable to do the job, or for no reason at all for that matter. The only time you cannot just get fired (other than for contractual reasons)is for reason of race, gender, age or national origin discrimination. For an age discrimination claim you have to be at lease 45 years old and have to show that the sole reason you were fired was because of your age. The FMLA says that they have to allow you to take time off from work to assist family members, so I don't know if it would even apply in your situation. I would have to do more investigation, but I don't believe that you have a claim there. From what I understand from what you wrote, it seems the real claim you have is in workers compensation. I am an attorney who has handled many cases similar to yours in various workers compensation courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please contact my office at your convenience. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Lost employment during illness
If you contracted legionaires disease while in the course of your employment, then you do have a workers compensaiton case. Unless you had a work contract specifically stating that you could not get fired from your job without going through some sort of arbitration or other appeals process, then under NJ law your employer has the right to fire you if you are unable to do the job, or for no reason at all for that matter. The only time you cannot just get fired (other than for contractual reasons)is for reason of race, gender, age or national origin discrimination. For an age discrimination claim you have to be at lease 45 years old and have to show that the sole reason you were fired was because of your age. The FMLA says that they have to allow you to take time off from work to assist family members, so I don't know if it would even apply in your situation. I would have to do more investigation, but I don't believe that you have a claim there. From what I understand from what you wrote, it seems the real claim you have is in workers compensation. I am an attorney who has handled many cases similar to yours in various workers compensation courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please contact my office at your convenience. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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