Can I Be Fired for Filing a Workers’ Compensation Claim in New Jersey?
Getting injured on the job is a frightening experience. In an instant, you are faced with physical pain, mounting medical bills, and uncertainty about when you will be able to return to work. The workers’ compensation system is designed to be a safety net in these situations, providing you with medical benefits and wage replacement while you recover. The last thing you should have to worry about is that seeking these essential benefits could cost you your job. The fear of being fired for filing a claim is a heavy burden that no injured worker should have to bear.
If you have been injured at work, you may be hesitant to file a workers’ compensation claim because you are afraid of what your employer might do. This fear, while understandable, is addressed by strong legal protections in New Jersey. It is illegal for your employer to fire you or otherwise retaliate against you for filing a workers’ compensation claim. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we are dedicated to protecting the rights of injured workers. If you have been the victim of workers’ compensation retaliation, we can help you fight back.
Your Right to Workers’ Compensation Is a Protected Right
In New Jersey, the law is crystal clear: an employer cannot fire an employee in retaliation for filing a workers’ compensation claim. This protection is essential to the integrity of the workers’ compensation system. Without it, employers could intimidate injured workers into not filing claims, leaving them to bear the financial burden of a workplace injury alone. This would defeat the entire purpose of the system, which is to provide a no-fault remedy for workplace accidents.
This protection extends beyond just being fired. It is illegal for your employer to take any adverse employment action against you in retaliation for filing a claim. This can include:
•Demoting you.
•Reducing your pay or hours.
•Giving you an unfair performance review.
•Harassing you or creating a hostile work environment.
•Assigning you to a less desirable position or shift.
Any action that would dissuade a reasonable employee from filing a workers’ compensation claim can be considered illegal retaliation.
How to Prove Workers’ Compensation Retaliation
Proving that you were fired in retaliation for filing a workers’ compensation claim can be challenging. Employers will rarely admit that they fired you for this reason. Instead, they will typically offer a seemingly legitimate reason for the termination, such as poor performance or a violation of company policy. To win a retaliation case, you and your attorney will need to show that the employer’s stated reason is a pretext, and that the real reason was your workers’ compensation claim.
To build a strong case, you will need to show a causal link between your workers’ compensation claim and your termination. Some of the evidence that can be used to prove this link includes:
•Timing: If you are fired shortly after you file your claim or notify your employer of your injury, it can be strong evidence of a retaliatory motive.
•A History of Positive Performance: If you have a long history of positive performance reviews and were suddenly fired for poor performance after filing your claim, it can suggest that the reason is pretextual.
•Negative Comments or Actions: If your supervisor made negative comments about your injury or your claim, or if your treatment at work changed for the worse after you filed, it can be evidence of retaliation.
•Inconsistent Application of Company Policy: If you were fired for violating a company policy that other employees have violated without being fired, it can show that you were singled out.
An experienced employment law attorney can help you gather the evidence you need to build a compelling case and prove that you were the victim of a wrongful discharge.
What to Do if You Have Been Fired or Retaliated Against
If you believe you have been fired or otherwise retaliated against for filing a workers’ compensation claim, it is crucial to act quickly. There are strict deadlines for filing a retaliation lawsuit, so you should not delay in seeking legal advice.
Here are the steps you should take:
- Document Everything: Write down a detailed timeline of events, including the date of your injury, the date you notified your employer, the date you filed your claim, and the date of the retaliatory action. Save all relevant documents, including medical records, communications with your employer, and performance reviews.
- Do Not Sign Anything: If your employer asks you to sign a severance agreement or any other document, do not sign it without having it reviewed by an attorney. You could be signing away your right to sue.
- Contact an Attorney: A lawyer who specializes in workers’ compensation retaliation can evaluate your case, explain your rights, and help you decide on the best course of action.
You Don’t Have to Choose Between Your Health and Your Job
Being injured at work is a traumatic experience. Being fired for seeking the benefits you are entitled to adds insult to injury. It is a profound injustice that the law does not tolerate. You have the right to seek medical care and wage replacement without fear of losing your livelihood.
At our firm, we are passionate advocates for injured workers. We understand the tactics that employers use to try to avoid their obligations, and we know how to fight back. We are committed to holding employers accountable and getting our clients the justice they deserve.
If you have been the victim of workers’ compensation retaliation, please contact us for a free and confidential consultation. Let us put our experience to work for you. You don’t have to face this fight alone.
Frequently Asked Questions (FAQ)
Q: Can my employer fire me while I am out on workers’ compensation leave?
A: While your employer cannot fire you because you are on workers’ compensation leave, you can still be terminated for other, legitimate reasons. For example, if there is a company-wide layoff and your position is eliminated, your termination may be legal. However, if you suspect the reason for your termination is a pretext for retaliation, you should contact an attorney.
Q: What kind of damages can I recover in a workers’ compensation retaliation lawsuit?
A: If you win a workers’ compensation retaliation lawsuit, you may be entitled to a variety of damages, including lost wages and benefits, emotional distress damages, and punitive damages. You may also be able to get your job back (reinstatement) and have your attorney’s fees paid by your employer.
Q: How long do I have to file a workers’ compensation retaliation lawsuit in New Jersey?
A: The statute of limitations for filing a workers’ compensation retaliation lawsuit in New Jersey can be complex. It is crucial to contact an attorney as soon as possible after the retaliatory act to ensure that you do not miss any deadlines.