Legal Question in Workers Comp in New Jersey

I was ran over by a forklift at work. I broke many bones in both feet...hyper-extension...torn and sprained ligaments...very painful and damaging accident. I have permanent damage (trauma induced TTS) that will continue to worsen for the rest of my life, according to multiple doctors. My employer denied all liability when I filed for WC, which led to adjudication. Every doctor I have seen agrees that my injuries and reports of pain are consistent with being ran over by a forklift, I had no prior injuries or health issues. Each doctor has said that I shouldn't even be working because I'm accelerating the damage. My employer has been making me do a physically demanding job function since my accident; my actual job title involves desk work and zero lifting. They are making me go out with a mover or by myself to move furniture. It's heavy and everyday I ask myself "how am I going to make it another day"? They've refused to recognize doctor's restrictions and have told me that if they recognize the restrictions they will have to send me home without pay and my job may not be there when I come back. I got a surgery that was supposed to put me off my feet for 4 months. I had to come back within 12 weeks to keep my job. They let me back when I brought a release with restrictions. They honored the release to return to duty, but continued to ignore the restrictions. I was told the day I returned to do my normal job but I would have to drive a commercial vehicle and move furniture the rest of the week. I told my boss I was on pain medication that would make driving a commercial vehicle unsafe and illegal. He told me to not take my medication. I tried to file for a LOA and was told that it was a "bad career move"; the work days got a lot longer until I canceled that request with my HR department. I have worked for this company for 14 years. I have never been reprimanded, but have been promoted 4 times. I'm hurt emotionally, but that's my fault (I never imagined they would treat me this way). My concern is that I can't lose my job, because I'll never find another one in my condition. They are clearly trying to make me quit, and I will never. My stubbornness is hurting my health. I understand that you can't sue your employer for getting hurt at work, but where is the line between pain and suffering and torture? I'm being bullied. and my WC case has been going on for 6 months now. If the judge finds that I should be receiving WC benefits, will my life get easier? Will they have to follow restrictions? Can they make me hurt myself then? Will they stop bullying me? What, if anything, can I do in the mean-time?


Asked on 9/10/15, 3:40 pm

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

The big question is: what is taking you so lob to see a WC lawyer? Let's not hear the excuse of I can't afford one because their fees are paid by the board.

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Answered on 9/10/15, 5:02 pm


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