This form is a sample request for production of documents, tangible items and things submitted by the plaintiff to the defendant in a personal injury action involving claims of failure to pay Worker's Compensation benefits and wrongful termination.
New Jersey Request for Production of Documents - Worker's Compensation - Wrongful Termination
State:
Multi-State
Control #:
US-PI-0253
Format:
Word;
Rich Text
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How to fill out Request For Production Of Documents - Worker's Compensation - Wrongful Termination?
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FAQ
It is not necessarily unlawful for an employer to lay you off or fire you while you are out on FMLA leave, FLA leave or any other disability, medical, or pregnancy leave; however, it is unlawful for an employer to lay you off or fire you because you were on any of those types of legally protected leaves.
Workers' compensation benefits provide income protection, not job protection, and an employer can legally fire an employee who is out on disability. There are situations, however, where an employee may have legal grounds to file a lawsuit against their employer for wrongful termination.
NJ Workers' Compensation Law The State of New Jersey passed its workers' compensation law in 1911, making coverage mandatory for all employers. Workers' compensation insurance gives benefits to your employees for work-related injuries or illnesses. This coverage is also known as workers' comp or workman's comp.
Compensation for NJ Workers' Comp Discrimination New Jersey law states that if you are retaliated against or fired after a workers' comp claim, your employer must give you your job back and compensate you for any loss of wages.
Unlawful reasons include but are not limited to, discrimination, retaliation for complaining about activity that an employee reasonably believed was illegal or fraudulent, or retaliation for requesting a workplace accommodation. In such circumstances, the employment termination may constitute a wrongful termination.
Within 26 weeks after the worker has reached maximum medical improvement or has returned to work, the insurance carrier or TPA must electronically file a second report, called a Subsequent Report of Injury, with the state.
Within 26 weeks after the worker has reached maximum medical improvement or has returned to work, the insurance carrier or TPA must electronically file a second report, called a Subsequent Report of Injury, with the state.
An employer can only terminate your employment based on your disability if the disability stops you from doing the essential parts of your job properly, and your special needs cannot be reasonably accommodated without undue hardship. Employment-related harassment based on disability is unlawful.