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Raising Concerns on Disability and Employee Benefits in New Jersey

One of the worst experiences you can go through as an employee is to have your worker’s rights violated. It prevents you from reaching your full potential at work and may keep you from getting your just remuneration. When that happens, you don’t have to sit back and take it – you should fight for your rights!

Maybe your rights as an employee are violated every day, but you do not realize it. There are several laws in New Jersey that protect workers rights. Here are some examples.

Disability

If you are disabled, it is your right to have insurance benefits.  The law provides for;

 · Temporary total disability benefits: 

 If you get temporarily injured due to a work-related injury, you should get benefits for the time you are unable to work. 

 You can get a minimum of seventy percent of your gross average weekly wage, which is terminated after you get back to work.

 · Temporary partial disability :

 If you get an injury at work, you are entitled to benefits until you heal and can work again at your original post. 

 A certified doctor chosen by your employer or employer’s insurance company will determine when you can get back to work. 

 In case you cannot get back to your former work position, you should get benefits equal to 2/3 of the difference between your previous and current pay.

 · Permanent partial disability benefits :

 If you are permanently disabled after an injury at work, you should get benefits. 

 These amounts of benefits are based on the extent of the work-related injury and are determined by the state.

 · Permanent total disability insurance benefits:

 In New Jersey, if you are permanently disabled due to a work injury, you should also get benefits. 

 The New Jersey state plan will determine the benefits you get based on the area you are injured. You can get these benefits either weekly or in a lump sum.

 As you can see, there are various kinds of disability benefits you are entitled to if you get disabled at work in New Jersey. Your employer should also not deny you, your employee, disability benefits. It’s not easy to tell them apart or be sure of how much you should get. 

 The best way to understand the disability benefits you deserve is to talk to a certified workers compensation lawyer. 

Employee Benefits

As a worker, you have a right to certain benefits under New Jersey law too. For example;

 · You should work under a pension plan. New Jersey administers seven pension funds. Employees fall in different categories based on profession. 

 You should find out which pension plan you are eligible for and find out if you are lawfully registered on it. If you have a problem with your pension plan that you cannot sort out with your employer, a labor lawyer can help.

 · You are entitled to sick leave according to the New Jersey Earned Sick Leave law. Ideally, you should get an hour of sick leave for every thirty you work for up to forty hours each year.

 · You should get some fringe benefits such as paid holidays, personal days, etc. These are found in the New Jersey Wage Payment Law.

These are just a few examples of worker’s benefits you should get.  There are many more, and you must get them as outlined by New Jersey state labor laws.

Discrimination

In New Jersey, employees are protected against any form of discrimination in the workplace by Federal and State laws.  Here, we are talking about discrimination due to disability, age, gender, weight, pregnancy, race, nationality, or religion e.t.c.

Some laws that address this are;

· The New Jersey Law Against Discrimination

· The Age Discrimination in Employment Act  (1967)

· The Americans with Disabilities Act (1990)

These laws can protect you as an employee if you face harassment  from your employer via inappropriate texts, comments, or emails while at the workplace. Any form of intimidation or exposure to harsh working conditions at the workplace also falls under harassment as they create a hostile work environment.

Sexual harassment

Sexual harassment is another infringement on worker’s rights that forces them to work in a hostile environment. It includes unwelcome sexist behavior or comments, unsolicited sexual advances, or requests for a sexual favor in exchange for your advancement. Sexual harassment can be from a co-worker or a superior.

There are laws in New Jersey that protect you as an employee from sexual harassment at the workplace. These are;

· The New Jersey Law Against Discrimination 

· Title VII of the Federal Civil Rights Act  (1964)

If you are facing sexual harassment in the workplace, these laws allow you to pursue justice in a court of law and seek damages.

Wage violations

It is illegal for an employer to deny you your wages after a job well-done. New Jersey, Federal and State laws require employees to be paid fairly according to the recommended minimum wage. 

In New Jersey, the minimum wage is 7.25 per hour. If you work extra hours, which in New Jersey is more than 40 hours per week, you are entitled to overtime pay. If you do not get fair remuneration for your work, you should contact a lawyer to fight for your money. 

Retaliation

Are you afraid of reporting your employer for unethical workplace behavior because you fear retaliation?  Don’t suffer anymore, because you are protected by New Jersey laws on retaliation. They do not allow employers to retaliate against employees that sue them for infringement of labor laws.

If you sue your employer for sexual harassment or discrimination, among other labor law infringements, and he or she retaliates unlawfully, you can sue for damages. 

You are protected against retaliation by New Jersey labor laws such as the New Jersey Law Against Discrimination (NJLAD), meaning you cannot get unlawfully terminated, demoted, denied pay, or reprimanded for reporting your employer. You can find more information about retaliation here.

Do you need a labor rights lawyer?

As an employee in New Jersey, you are entitled to work under a lawful employer. If your employer is violating your rights, you should contact employment lawyers NJ for assistance. You deserve to work with an employer that protects your rights and pays you as you deserve. Working in a lawful, fair, and healthy environment is your right.

 

Cosmo Insurance Agency is an independent insurance agency serving surrounding communities in New Jersey. Cosmo keeps its promise to assure an efficient and creative approach to the services we offer. Each of our clients experience a personalized and long-term relationship with us. Our New Jersey based team of health brokers guides our clients in helping them choose the most cost-effective options. By incorporating the latest in technology-based tools and laws on healthcare, employee benefits, life insurance and finance, we keep our clients up-to-date with the plans that encompass all of their needs, whether it is individual or group insurance.

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Written by: Eric Tress

2024