Legal Question in Employment Law in New Jersey

Injured husband

My husband was injured on the job back in February, had to have surgery to correct this injury and did collect workman's comp. during that time. Now he is back to work and discharged from workman's comp, however his doctor has told him that he probably will not be able to perform his duties as before because of his injury. It was his shoulder and can no longer lift as much as he did before. Does his employer have to find him another position or can he be let go because of this? ANY information would be helpful. Thank you!!


Asked on 8/13/07, 11:50 pm

1 Answer from Attorneys

Fred Shahrooz Scampato Law Office of Fred Shahrooz Scampato

Re: Injured husband

Under New Jersey and Federal law your husband must be able to perform the essential duties of his job description. Under certain circumstances an employer has the obligation to provide an employee with a "reasonable accommondation" if he has a disability. I have helped protect the employment of a lot of people who were in similar situations to the one which your husband is facing. I encourage you to have him meet with an employment attorney for a consultation so that he can learn what his rights are. If you would like to set up an appointment with me, then write me directly via email at [email protected].

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Answered on 8/14/07, 9:39 am


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