Getting Fired for Filing a Workers’ Compensation Claim in NJ
Aggressive Workers’ Comp Attorney Fights for Justice for Clients Terminated in Retaliation for Seeking Benefits
After being hurt at work or being diagnosed with a work-related illness or medical condition, you may file a claim with your employer to recover the workers’ compensation benefits you are entitled to by law. However, because workers’ compensation benefits represent a financial liability for employers, your employer may choose to retaliate against you for seeking workers’ comp benefits by terminating your employment or engaging in other adverse employment actions such as demoting you, reducing your pay, or reassigning you. But the law prohibits employers from engaging in retaliatory actions against employees who file workers’ compensation claims. If getting fired for filing a workers’ compensation claim in NJ happened to you, contact our firm right away.
If you believe that you were terminated from your job or otherwise retaliated against after filing a workers’ compensation claim in New Jersey, get the legal help you need to demand accountability and justice and to recover compensation for your losses. Reach out to Camili & Capo, PA for a free initial claim review to learn more about your rights after getting fired for filing a workers’ compensation claim in NJ.
What Protections Do You Have When You File for Workers’ Comp?
When you are hurt on the job or are diagnosed with an occupational disease, you have the right to see workers’ compensation benefits from your employer. If you file a workers’ comp claim, the New Jersey workers’ compensation law provides you with certain legal protections, most important of which is protection from being retaliated against by your employer for filing for workers’ comp. This means that you are protected from being:
Demoted;
Assigned to less desirable tasks;
Transferred to less desirable positions or workplaces;
Reduced in pay or denied a pay raise;
Denied a promotion;
Suspended from work; or,
Terminated
In retaliation for seeking workers’ compensation. If you are retaliated against for filing for workers’ comp, you have the right to file a retaliation or wrongful termination claim or lawsuit against your employer to recover compensation for losses that you sustained due to your employer’s retaliatory behavior, including compensation for lost pay, job search expenses, and emotional distress, as well as other equitable relief such as being reinstated to your position that you were transferred or fired from.
In addition, the workers’ compensation law also protects you from retaliation for participating in a co-worker’s workers’ comp claim, including providing testimony or evidence in support of a co-worker’s claim.
New Jersey workers’ compensation law also requires your employer to provide you with information regarding your rights under the law and information on how to file a workers’ comp claim if you suffer a work injury or occupational illness. If your employer refuses to provide you with information and assistance with your rights under the workers’ compensation system, you may have a legal claim against your employer.
The workers’ compensation law does not protect your right to keep your position if your injury or illness renders you unable to perform the essential functions of your job. However, if you can do the essential functions of your job with reasonable accommodation from your employer, your employer is obligated to engage in consultations with you to identify accommodations that will allow you to continue working in your job with the limitations imposed by your work injury or occupational disease. If your employer terminates your employment or reassigns you to a less desirable position or to less desirable duties without attempting to identify and offer reasonable accommodation, you may have a disability discrimination claim.
How a Workers’ Compensation Lawyer from Camili & Capo, PA Can Help You Protect Your Rights After Being Fired for Making a Workers’ Comp Claim?
It can be difficult to determine whether adverse employment actions taken by your employer after you filed a claim for workers’ compensation is motivated by retaliation for the fact that you filed a claim or is instead motivated by legitimate operational reasons. If you think you have been the victim of workers’ compensation retaliation, an attorney from Camili & Capo, PA will protect and assert your legal rights by:
Thoroughly investigating the facts and circumstances of your case, including collecting documents and interviewing witnesses to gather evidence that we can use to show that your employer’s actions were motivated by retaliation
Documenting the expenses and losses you incurred due to retaliation, such as lost pay and employment benefits, job search expenses, and emotional suffering and distress
Preparing your case and asserting your claims for financial and equitable relief from your employer
Pursuing maximum recovery for your through a negotiated settlement with your employer, or by taking your claim to court and to trial if necessary to fight for justice for you
Facing A Legal Matter In New Jersey And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.
Contact Our Firm for a Confidential Case Evaluation to Talk to a Workers’ Compensation Attorney about Your Legal Options
After getting fired for filing a workers’ compensation claim in NJ, you have legal rights to recover compensation and justice from your employer. Contact Camili & Capo, PA today for a free, no-obligation consultation to learn more about how a workers’ compensation lawyer from our firm can assist you through the process of pursuing a workers’ compensation retaliation claim.
Frequently Asked Questions about Getting Fired for Filing a Workers’ Compensation Claim in NJ
How long do I have to file a workers’ compensation retaliation claim?
If you have a retaliation claim after being fired for filing a workers’ compensation claim, the statute of limitations under New Jersey’s workers’ compensation law gives you only two years to file a claim or lawsuit to pursue financial recovery and other relief from your employer for your termination, including lost wages or back pay, reinstatement, and emotional trauma and distress. Failing to timely file your claim may result in the loss of your opportunity to pursue accountability if you were retaliated against for seeking workers’ comp benefits. In addition, if you have a disability discrimination claim for being terminated without being offered reasonable accommodation to continue working in your job after suffering a work injury or occupational illness, you have two years under the New Jersey Law Against Discrimination to file suit against your employer.
Can I still be fired if I was in the middle of disciplinary proceedings when I went on workers’ comp?
Yes. Just because you are receiving medical benefits or disability benefits through workers’ compensation does not mean you cannot be terminated for legitimate, non-retaliatory reasons. For example, if you commit misconduct after returning to work while still receiving workers’ compensation benefits, your employer can terminate you for cause. Your employer is also entitled to continue disciplinary proceedings that began prior to the onset of your work injury or occupational illness and to terminate your employer at the conclusion of such proceedings.
