As if getting hurt at work wasn’t already a stressful situation to deal with, filing a workers’ compensation claim can be just as stressful. Protecting your rights is of the utmost importance. Many injured employees have asked us if they can lose their job for seeking the benefits they’re entitled to under New Jersey’s workers’ compensation laws. Understanding the protections and potential risks is important. The short answer is no you cannot be fired by filing a workers’ comp claim. Continue reading for more info about the topic.

For legal help, contact Brandon J. Broderick, Attorney at Law to consult with one of our experienced New Jersey workers’ comp lawyers. Our team can help.

Workers' Compensation Protections in New Jersey

New Jersey has specific laws to ensure that workers who are injured on the job receive compensation for their medical expenses and lost wages. Filing a workers’ compensation claim is your legal right, but many worry about retaliation from their employer.

Is It Legal to Retaliate?

Under New Jersey law, it is illegal for an employer to fire or retaliate against an employee solely for filing a workers' compensation claim. Retaliation can take many forms, including termination, demotion, reduction of hours, or any other negative action aimed at punishing the employee. The law seeks to create a fair and secure environment for workers to report injuries without fear of losing their livelihoods.

Your Employer’s Obligations

Employers in New Jersey are required to carry workers’ compensation insurance and are obligated to cooperate with the claims process. This means that when you report a workplace injury, your employer should not attempt to dissuade you from filing a claim or make your work environment hostile. Employers are also expected to comply with reasonable accommodations if you need to return to work under specific medical restrictions.

Situations Where Employers Might Justify Termination

Despite the legal protections in place, there are situations where an employer may attempt to justify firing an employee after a workers' compensation claim. It’s important to recognize when these actions are legitimate and when they might be a form of disguised retaliation.

Performance-Related Termination

If an employee had ongoing performance issues or disciplinary actions prior to the injury, the employer may claim that the termination was unrelated to the workers' comp claim. Documentation of past issues can be used as evidence to support their case. For example, if an employee was consistently late or had received multiple warnings for not meeting job expectations, the employer might argue that these factors led to the termination.

Job Role Changes and Restructuring

In some cases, an employer may argue that the employee’s role is no longer needed or that they were replaced due to business needs. This can complicate matters, as it may be challenging to prove whether the claim influenced the decision. Downsizing or company restructuring can be genuine reasons for termination, but the timing of such decisions in relation to your workers' comp claim may raise red flags.

Failure to Accommodate Restrictions

Another scenario involves employees who return to work with medical restrictions. Employers are generally required to make reasonable accommodations to help the injured employee perform their duties. However, if an employer claims that accommodating these restrictions is impossible or places an undue burden on the company, they may try to justify termination. In these cases, it’s essential to assess whether the employer made a genuine effort to accommodate your needs.

How to Protect Yourself

If you’re concerned about the possibility of retaliation or termination, there are proactive steps you can take to safeguard your rights and strengthen your case if needed.

Document Everything

Keeping detailed records is one of the most effective ways to protect yourself. Document any interactions with your employer related to your injury or workers' compensation claim. This includes saving emails, written correspondence, and notes from conversations with supervisors or HR representatives. If you sense hostility or feel that your work environment has become uncomfortable, note these changes as well. A comprehensive paper trail can be instrumental in proving your case.

Report Your Injury Promptly

Filing your workers' compensation claim as soon as possible is important. Not only does this ensure you receive timely medical treatment and benefits, but it also demonstrates that you’re following proper procedure. Waiting too long to report your injury can give your employer a reason to question the legitimacy of your claim.

Seek Medical Documentation

Another critical step in protecting your claim is obtaining thorough medical documentation of your injury. This includes initial medical reports, ongoing treatment records, and any physician recommendations for work restrictions or accommodations. Accurate and detailed medical records can support your case, especially if you face challenges from your employer or their insurance company.

Know Your Rights

Understanding New Jersey’s workers' compensation laws can empower you to act confidently. For instance, New Jersey law prohibits employers from retaliating against employees who file workers’ compensation claims. Familiarizing yourself with these protections can give you the knowledge to respond appropriately if you face pushback. Additionally, knowing your rights can help you identify when an employer’s behavior crosses the line into unlawful retaliation.

Legal Remedies If Retaliation Occurs

If you believe you were fired or faced retaliation because you filed a workers' compensation claim, there are legal avenues available to address this injustice. An experienced attorney can guide you through the process and ensure your rights are upheld.

Filing a Retaliation Claim

You may be able to file a wrongful termination or retaliation lawsuit against your employer. This type of claim can help you seek compensation for lost wages, emotional distress, and other damages caused by the wrongful actions. Additionally, your employer may be required to reinstate your job or provide back pay. It’s important to act quickly and consult with a lawyer to determine the best course of action.

Proving Retaliation

To succeed in a retaliation claim, you must demonstrate that your employer’s actions were directly related to your workers' compensation claim. Evidence like the timing of your termination, documented conversations, and witness testimony can be critical. It’s essential to show that your employer did not have a legitimate, non-retaliatory reason for firing you.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey workers’ comp claims can be challenging. Fortunately, you don't need to do it alone. The experienced workers comp lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.