34:11E-4 Division of Workers’ Compensation action, relief, upon violation of protections, post-traumatic stress disorder.
4. a. An employee or former employee may institute an action in the Division of Workers' Compensation for relief upon a violation of any of the provisions of section 3 of P.L.2025, c.272 (C.34:11E-3). All remedies available in section 1 of P.L.2008, c.93 (C.34:15-28.2) shall be available to a prevailing plaintiff and may be ordered by a judge of compensation upon a violation of any of the provisions of section 3 of P.L.2025, c.272 (C.34:11E-3). The court may also order any or all of the following relief: (1) an assessment of a civil fine of $5,000 for the first violation of any of the provisions of section 3 of P.L.2025, c.272 (C.34:11E-3) and $10,000 for each subsequent violation; (2) an injunction to restrain the continued violation of any of the provisions of section 3 of P.L.2025, c.272 (C.34:11E-3); (3) reinstatement of the employee to the same position or to a position equivalent to that which the employee held prior to unlawful discharge or retaliatory action; (4) reinstatement of full fringe benefits and seniority rights; (5) compensation for any lost wages, benefits, and other remuneration; or (6) payment of reasonable costs and attorney's fees. b. An action brought under this section shall commence within one year of the date of the alleged violation. c. A private cause of action provided for in this section shall be the sole remedy for a violation of P.L.2025, c.272 (C.34:11E-1 et al.) and shall be limited to the remedies provided in section 1 of P.L.1966, c.157 (C.34:15-39.1). L.2025, c.272, s.4.