Legal Question in Workers Comp in New Jersey

Partial pay state?

I was injured on the job and have been out of work collecting w/c. I returned on light duty and was advised by my boss that I was only getting 60% pay due to being on light duty. He stated that New Jersey was a partial pay state, is he correct? I am a union member and my contract says nothing about light duty pay being 60%. I am concerned since w/c pay while at home is tax free, now being paid by company payroll I will be taxed and all other fee's (union dues, medical insurance and uniforms) will be taken out of the 60% pay rate, I am left with nothing after transportation costs for to and from the job are taken out, my question is CAN THEY DO THIS? HELP!!!!!!!!!!!!!!!!!!!


Asked on 5/02/05, 8:32 pm

1 Answer from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Partial pay state?

I have never heard of any place being a "partial pay" state. That doesn't even make any sense. New Jersey is what's called an "at will employment" state, which means you can be fired from your job for any reason that is not based on discrimination, or for no reason at all. Since you are working under a union contract, you probably want to bring up the pay issue with your union rep. What is really probably going on is that your boss is paying you at the rate for the current light duty job you have as opposed to your regular heavier duty pay rate. In other words, anybody hired to do the light duty job you are currently doing would get paid the same amount as you are currently getting paid. What I can probably do for you is get you a permanent disability award for your work related injury. This means that the injury you have will probably never get 100% better, so I can get you money for getting injured at work. Please call me at 908-272-0111 to discuss this in more detail. There is never any charge for simply discussing a case with me. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 5/03/05, 11:19 am


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