This is a concern and questions we’re asked about often when new clients come in for work injuries and they are told the same thing. It’s illegal for your employer to retaliate against you for filing a workers’ comp claim, but unfortunately it happens. Some workers are reluctant to pursue a claim for their work injuries due to fear of retaliation, but you are protected.
The Workers’ Compensation statute, NJSA 34:15-39.1 prohibits the termination of an employee in retaliation for filing a Workers’ Compensation claim or for testifying at a Workers’ Compensation hearing.
Retaliation can take many forms and doesn’t have to be just termination. It can be demotion, reduced hours, pay cuts, hostility and unfavorable assignments. Under the New Jersey Workers’ Compensation Act, workers are shielded from retaliation, allowing them to seek compensation for their injuries without fear.
However, it is important to note that while employers cannot fire workers for filing a workers’ compensation claim, they can terminate employees for other legitimate reasons and the employer is not required to keep your job position open while you are out of work for your injuries. They can’t of course replace you in retaliation. It’s the employee’s burden to prove retaliation. Save all text and voice messages.
You Have Legal Options When Your Employer Does Retaliate
You should not be fired for being hurt at work and if you feel you were terminated or retaliated in any other way you have recourse against your employer by filing a discrimination complaint.
If your employer’s actions are not based upon your efforts to secure Workers’ Compensation benefits for yourself or others, but because of your disabling condition, you may have recourse to claim a violation of the Americans with Disabilities Act (ADA).
Contact Our Workers’ Compensation Lawyers At The Law Offices Of Michael S. Williams
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.
