Legal Question in Workers Comp in New Jersey
workmen's comp
I recently filed for workmens comp and had 2 surgeries and both times were out 2 months each, now can my employer hold that against me when I come up for my review and do I have a case since it is still bothering me?
2 Answers from Attorneys
Re: workmen's comp
You write that this case applies to NJ law, so I assume that means that your case is being handled through the New Jersey Workers Compensaton system even though you live in Pennsylvania. Under NJ law the employer cannot hold your being out on workers compensation against you at the time of your appraisal. However, if you are unable to return to work at the level that you were workign at before, and unless you are protected by a Union or employment contract, then your employer can legally fire you. Regarding if you still have a case,as long as it is less than two years since you last had any medical care paid for through workers compensation then you still do have a claim. In fact from what I am reading it sounds like you have a very good case that could be worth some money. I am an attorney who has handled many cases similar to yours in various workers compensation courts throughout New Jersey in the past. Please contact me to discuss what I can do to help you. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscomesationlaw.com
Re: workmen's comp
This is an interesting question but I can't provide a definitive answer. In cases involving employment terminations, the Pennsylvania Supreme Court has made some limited exceptions to the "employment at will" doctrine and use of workers' compensation benefits is one of these exceptions. I'm not aware that negative employment reviews are covered unless you're fired because of one.