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Can I Be Fired for Filing a Workers’ Comp Claim in NJ?

Getting Fired for Filing a Workers’ Compensation Claim in NJGetting Fired for Filing a Workers’ Compensation Claim in NJ

If you have been injured at work or while carrying out job-related tasks, workers’ compensation will provide you with coverage for your medical expenses as well as part of your lost wages for the period you are not able to return to work. Employers are required to carry workers’ compensation in order to ensure their employees have a financial cushion in the event of work-related injuries or illnesses. This system also protects employers from lawsuits filed by their workers.

While workers’ compensation helps to protect you from suffering financial ruin as a result of your injuries, it does not provide protection for your employment. This means that the system will not protect you from losing your job even while you are receiving workers’ compensation benefits.

Wrongful Termination

Just because you are receiving workers’ compensation benefits does not mean that you will be treated differently. In fact, for many employers, a worker receiving workers’ compensation is the same as an employee working to earn their regular wages. Employers may therefore choose to fire an injured worker and employ a replacement.

If you have been fired while receiving workers’ compensation benefits, you should seek the guidance and representation of an experienced attorney. Your attorney will determine if your employer has violated your legal rights in terminating your employment. If your employer has acted in violation of the law, your attorney will work to get you reinstated, recover back pay, or seek other remedies for the situation in addition to recovering your workers’ compensation benefits.

Retaliation By Employers

There are situations where employers will act in retaliation against employees that have filed workers’ compensation claims. The law in New Jersey prohibits employers from retaliating against employees for filing workers’ compensation claims. If you have filed a workers’ compensation claim and have been fired, you should talk to an attorney. If there is evidence that your employer acted in retaliation for filing a workers’ compensation claim, you may be able to take action against them. Your attorney can help you get reinstated, seek back pay or help you pursue other options.

Employers Discriminating Against Injured Employees On Disability

New Jersey law also prohibits employers from discriminating against employees on the basis of disability. There are also various federal laws that prohibit discrimination based on disability. These include the Americans with Disabilities Act (ADA) as well as the Family and Medical Leave Act (FMLA). This means that your employer is prohibited by law to discriminate against you solely because of any physical limitations that have been caused by your injuries. Your employer cannot fire you because of a temporary or permanent disability caused by a workplace injury.

Work With An Experienced New Jersey Workers’ Compensation Attorney

If you have suffered a workplace injury and have lost your job after filing for workers’ compensation benefits, contact our law firm. We will review your case for free and determine your options. We will explain your rights to you and help you determine the best action to take. 

The knowledgeable workers’ compensation attorneys at Camili & Capo, PA represent clients in Little Falls, Hackensack, North Caldwell, New Brunswick, and other New Jersey cities. Call (973) 834-8457 or send us an email to schedule a free consultation about your work injury case. We have offices in New Brunswick and Hackensack, NJ, in addition to our main office in Little Falls, NJ, which is located at 1 Lower Notch Road.

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