Legal Question in Workers Comp in New Jersey
returning to work
I was recently in a work-related accident and tore my rotator cuff. I am scheduled for surgery in two weeks. A manager at my company voiced his concern to me about whether I would ever be able to resume my full schedule of duties. I work on a commission only basis determined by the number of customers I service. He indicated that the number of customers I presently have would have to be reduced thus reducing my salary. I am under the impression that I have a legal right to return to my regular position with my regular salary when and only when I am physically able to perform those duties on my own with no limited duty stipulations. Will they have to create a new position which my injury will allow me to perform with the same salary?
3 Answers from Attorneys
Re: returning to work
They do not have to create a separate position for you, however, you are entitled to your same salary and can petition for lost wages as a result. You are also entitled to other benefits. Please call me (856-428-5055). I noticed your zip code, and I am probably around the corner from you! Call for free in-person consult.
Re: returning to work
they do not have to keep your job open forever. You should receive you vaca pay, any other off time plus comp benefits. at the end of treatment you should get a lump sum settlement. But, unless you have a contract (unionu or otherwise) you do not get your job back unlesss they want to give it to you. Do you have a third party claim where you can claim the difference?
Re: returning to work
In New Jersey, the employer cannot fire you for filing a Workers Compensation claim. However, unless you are a Union Member (governed by a Contract between your Union and the employer), your employer may make up the excuse that they had to replace you because of your absence and get around keeping your position open. I am not a Employment Law Attorney. You should consult with an Employment Law Attorney because if the company is large enough you may be protected by ADA or other similar provision in New Jersey. You may want to post in the Employment Law section of LawGuru.
I do have a piece of advise for you. I tell all my injured clients. First, concentrate on getting better, go to your doctor's appointment, physical therapy and work hard at getting better. Second, after your treatment is done, report back to work... you may be surprised that your boss is happy to see you... or he may discharge you and you then qualify for unemployment benefits (since you are now able and willing to work and looking for work) until you find your next opportunity. When one door closes another opens. Do not worry about what is out of your control. Your boss taking you back is out of your control.
Good Luck!
John M. Pinho
www.DaSilvaPinho.com
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