Legal Question in Workers Comp in New Jersey

Workman's Comp and Unemployment

Help, My husband was injured at work in August of 06. Since then, he has had 4 surgeries and done countless physical therapy sessions. His employer told him that he could ''reapply'' for his job back if he could not make the July 08 return date they set. He didn't make it, having another surgery in August of 08. Now, his employer will not hire him back, stating they need ''younger guys'' to do the work. He applied for Unemployment, but they say he can't get it because he didn't work in the last 18 months! The doc released him with modified duties, so Workman's comp stopped payments. What can we do while he looks for some kind of work he can do? Please help!


Asked on 1/22/09, 4:35 pm

1 Answer from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Workman's Comp and Unemployment

This is unfortunate. I think that it is best that you sepak to an attorney in person, since there are a number of issues.

First, your husband may be likely be entitled to a permanancy award for the injuries suffered, an attoreny can help you with this as no cost to you, and typically some if not all fees are paid by the Comp carrier if there is a recovery.

Secondly, the employer does not have to keep the job open in some circumstances and if he was unable to do it, they do not have to create a job. HOWEVER, they cannot discriminate because he is older nor punish him for making a claim by not giving his job back. If this is the case, there may be a discrimination case.

I strongly suggest you seek an attorney at your earliest convenience.

We can be reached at 800-34-NJ-LAW if you would like a free consultation.

Best wishes

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Answered on 1/23/09, 10:10 am


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