Legal Question in Workers Comp in New Jersey
work injury
I have been out on Workmen's Comp since September 9th, I'm going through therapy now. I was diagnosed with a sprained wrist and tendonitis in my elbow and put on light duty. My company does not have light duty so I have been out of work. I've been going to the doctor's for check-ups every 2 weeks and therapy in between. I call my boss after every doctors appointment to let her know what is going on, but this time she called me before my appointment and she asked what happened at your appointment. I told her I did not go yet but the appointment was the next day. She told me that if the doctor puts me on light duty for 2 more weeks her boss said they were going to have to let me go. Are they allowed to do that? And if so what happens to my therapy and doctors appointments, how am I going to pay for it? Why should I have to pay for it when I was hurt on the job?
1 Answer from Attorneys
Re: work injury
Injured at work? You do have rights! The insurance companies will not tell you what you are entitled to. They have lawyers - why shouldn�t you? In New Jersey, any employee, (even if you are a construction worker, secretary or injured in a car accident while working), injured at work, regardless of fault, may be entitled to three benefits: 1. Free medical care;2. Pay while unable to work; and 3. A cash settlement for loss of function caused by the work-related injury.
Q: What happens if the doctor informs me that I can return to work for light duty status only - can I still recover my temporary disability benefits?
A: If the treating physician states that you are in need of additional treatment but releases you for light duty, your employer must either provide light duty for you, or in the event that they do not have a light duty position, keep you out of work and continue to pay you your temporary disability benefits until you have either completed treatment or are no longer disabled and can resume full duty.
Q: Can my employer fire me for filing a worker�s compensation claim?
Pursuant to N.J.S.A. 34:15-39.1, that it is unlawful for any employer or his duly authorized agent to discharge or in any other manner harass or discriminate against an employee as to his/her employment because such employee has claimed or attempted to claim workers� compensation benefits from your company. The key is whether the employer fires you because you are claiming worker�s compensation benefits or for other reasons. Unless you have a contract or belong to a union your job may not be guaranteed.
Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the
Commonwealth of Pennsylvania. The information contained in this response is intended to
provide general information regarding a general legal question. This information contained in the
response is not to be construed as legal advice and you should not rely upon any information as
legal advice. Legal advice can only be obtained through a complete consultation with my office
or an attorney admitted to practice law in your State. Any information obtained through this
response should not be deemed to create any attorney/client relationship. Before making your
choice of attorney, you should give this matter careful thought. The selection of an attorney is an
important decision.
Blair C. Lane, Sr. Attorney at Law
Two Split Rock Drive
Suite 5
Cherry Hill, NJ 08003
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