Legal Question in Workers Comp in New Jersey

reinbusement of normal payweeks

I am out for a broken ankle from a work related incident.(just 6week now) Can you tell me if I am to be reinbursed my normal pay or is there something that allows my employer to reduce it. My work schedule is a repeating shift on a 2 week pay period and it is always 84 hrs.(36hrs/48hrs.) My employer says after the 1st month they only pay 80 hrs. I have been in the dept. for 4 + years and going on 13yrs with my company. There is a posted notice of how much their insurance carrier will max benefits. I have always made more than the max. 90% of the plant works the same shift hrs.(except the salaried)

Second, if they can how do I get those missing hrs.? File a claim with unemployement?

Do I need a lawyer to review, it is pretty straight forward.

Thankyou


Asked on 8/28/04, 1:57 am

2 Answers from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: reinbusement of normal payweeks

Your inquiry has a lot of issues and should really be addressed in a consultation. We have 5 attorenys who do nothing else but Worker's compensation and there would be no charge to you for consultation. I suggest you call us or another attorney at your earliest convenience. We have an office in Forked River and one in Howell, which I know is close to you from your zip code.

In short answer, unfortunately, unless your employer agrees to reimburse you the difference, you will only get a percentage of your normal pay while you are out. You cannot file a claim with unemployment.

You are entitled in Worker's comp to a payment of temporary disability - a percent of lost wages up to a statutory maximum, payment of medical bills and Permanancy award.

While the first two are generally paid without too much trouble, you may want to speak to an attorney to at least understand your rights. As to permanacy, I strongly suggest that your retain counsel to protect your rights.

Please feel free to contact us at 1-800-34 NJ LAW

You can visit us on the web at njlawyers.com

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Answered on 8/31/04, 12:28 pm
Scott Diamond DIAMONDLAWYER

Re: reinbusement of normal payweeks

you should be paid 2/3rds of your weekly wage from copmp. In addition, you are entitled t a permancy awrd. You really should get a lawyer to sort this out. If you need rec. I will certainly help you where did this happen? I need to know the county s\to help you with a layer

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Answered on 8/30/04, 11:47 am


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