![]() ![]() Information concerning the ADA or the filing of complaints under the act may be obtained by writing or calling the Equal Employment Opportunity Commission at 1801 L. If the employer's actions are not believed to be based upon the efforts of an employee to secure Workers' Compensation benefits for themselves or others, but because of the disabling condition, the employee would not have a claim for discrimination in Workers' Compensation they may have a claim for violation of the Americans with Disabilities Act (ADA). Where the administrative course is selected by the employee, the Office of Special Compensation Funds is responsible for investigating such claims. Where the civil course is selected by the employee, a complaint against the employer would be filed by the employee against the employer in the Civil Part of the Superior Court. The employee may seek either civil or administrative courses to effect remedies for such discrimination. It is against the law for an employer to discharge or discriminate against an employee because the employee claimed or attempted to claim Workers' Compensation benefits or because the employee testified or is about to testify in a Workers' Compensation matter.Īs the primary remedy is reinstatement to employment, it is necessary that the complainant is ready, willing, and able to perform the duties of such employment. To learn more about the Uninsured Employer's Fund, click here. Upon application by the worker's attorney, the Uninsured Employers Fund makes payment of all temporary disability and reasonable and customary medical expenses included in the Judge's Order. If the employer will not or cannot make the ordered payments to the injured worker, the order of the Judge of Compensation is then docketed in Superior Court against the employer. If the employer is found to have failed in providing the required insurance coverage, a Judge of Compensation will order benefits to be paid against the employer. Certain documentation must be provided by the injured worker/their attorney to the Uninsured Employers Fund and the court. ![]() If no insurance is found to be in place for the employer when a case is scheduled to be heard in a selected court vicinage, an attorney representing the Uninsured Employer's Fund is assigned. If no insurance carrier or indication of approved self-insurance is indicated on the Claim Petition, a search is requested through the New Jersey Compensation Rating & Inspection Bureau to determine the insurance status of the employer. The process by which the UEF gets involved in a Workers' Compensation case is with the filing of a formal claim petition. The Uninsured Employer's Fund (UEF) was established within the NJ Workers' Compensation Law to provide for temporary disability benefits and medical expenses to workers suffering from compensable injuries while working for employers who fail to provide the required Workers' Compensation insurance coverage and who fail to make such benefit payments as awarded by the Division of Workers' Compensation.
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