July 3, 2014

The Appellate Division of the Superior Court of New Jersey has enforced a contractual provision that limits an employee’s right to file a claim against the employer to six months. As a leader in workers compensation refunds, Apex follows these lawsuits closely.

In this particular case, the employee, Sergio Rodriguez, signed an application that indicated that any lawsuit relating to his employment with the company would be filed no more than six months after the date of the occurrence giving rise to the suit. Rodriguez injured his knee in April 2010, had surgery in July, and worked light-duty until September when he eventually returned to full-duty. He was laid off shortly thereafter, along with 101 other employees.

Employer vs. Employee Workers Compensation Lawsuit

Rodriguez sued his employer, Raymours, claiming that he had been fired because he filed a workers compensation claim. The judge dismissed the suit because the six-month statute of limitation on filing a claim had already passed.

To read the decision, click here.

Having the right wording in your employment application can end up saving your company a lot of money. Making sure that your workers compensation experience is correct is also an important factor in your company’s finances.  Workers compensation premium recovery is a service that reviews your past and current workers compensation premiums, corrects errors committed by the insurance company, and obtains workers compensation refunds.