ExpertLaw Forum - Help With Your Legal Questions
Worker's Compensation Information about worker's compensation claims process and worker's comp benefits.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-14-2008, 05:30 PM
starjesus starjesus is offline
Junior Member
 
Join Date: Jan 2008
Posts: 2
Default Can I Be Fired While Out On Workman's Comp In New Jersey
I work in NJ. I was injured while on the job and will need surgery. My employer states that I can be fired if I do not return to work within 12 weeks. My doctor says I will be out longer than 12 weeks. Is this legal in NJ?
Reply With Quote
  #2  
Old 01-17-2008, 07:13 AM
Mr. Knowitall Mr. Knowitall is offline
Senior Member
 
Join Date: Sep 2005
Location: California
Posts: 32,460
Default Re: Can I Be Fired While Out On Workman's Comp In New Jersey
You are apparently entitled to FMLA protections, which is the most likely reason your employer will hold your job for 12 weeks. However, worker's comp doesn't offer additional job protections, so if your other legally mandated leave expires your employer can terminate your employment. You would continue to collect wage loss benefits and/or unemployment, depending upon your ability to reenter the workforce.
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Why Is My Employer Getting My New Jersey Workman's Comp Checks Worker's Compensation 01-14-2008 06:22 PM
Settlement of a Workman's Comp Claim Worker's Compensation 09-05-2006 04:11 PM
Workman's Comp problems Worker's Compensation 08-04-2005 11:43 AM
Workmans comp and FMLA Worker's Compensation 07-08-2005 08:30 PM
Company refuses name of workmans comp insurance Worker's Compensation 05-30-2005 11:50 PM



All times are GMT -7. The time now is 04:13 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2008 ExpertLaw.com, All Rights Reserved