Getting Fired for Filing a Workers’ Compensation Claim
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After you’ve been injured on the job, you understandably might report your injury to your employer and file a claim for workers’ compensation benefits. However, after filing your claim you might be surprised to learn that your employer has decided to terminate your employment. Losing your job after suffering a work injury is an added obstacle that you shouldn’t have to deal with. And you may be wondering if you can legally even get fired for filing a workers’ compensation claim in New Jersey. The answer is, no, you cannot.
For over 35 years, the work injury lawyers of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC have fought hard to protect the rights and interests of injured employees across Union County and throughout New Jersey. We aggressively protect our clients from retaliation and termination by their employers after our clients have filed workers’ comp claims for injuries suffered on the job. Let us work to ensure you receive the workers’ compensation benefits you need and deserve and to protect your rights to go back to work once you’ve recovered from your work injury. Our attorneys are dedicated to helping you through the trying times of recovering from a work injury and helping you assert your rights if your employer wants to fire you after you’ve filed a workers’ comp claim.
When you’ve suffered a work injury, you don’t deserve to also lose your job after pursuing the workers’ compensation benefits you are legally entitled to. Contact our firm today for a free case review with one of our experienced attorneys to discuss how we can help you if you think you’ve been wrongfully terminated for filing a workers’ comp claim.
When you suffer an injury on the job, you have the right to file a workers’ compensation claim to seek benefits. Your employer may not retaliate against you for exercising your right to seek workers’ comp. This means your employer cannot:
In retaliation for you exercising your rights. If your employer does retaliate against you for filing a workers’ comp claim, you may be entitled to bring a retaliation or wrongful termination lawsuit, which can allow you to seek lost pay or benefits wrongfully withheld from you, or reinstatement to your position if you have been terminated.
If you are fired or suffer an adverse employment action due to your participation in a workers’ comp investigation, including a fellow co-worker’s workers’ comp claim, you may also be entitled to pursue a retaliation or wrongful termination claim.
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Importantly, it is not retaliation if your employer moves you off of your old job because your work injury has left you unable to perform the necessary functions of your job. However, if your work injury causes you to suffer a disability, your employer is required to provide you with “reasonable accommodation” for your disability if doing so would allow you to perform the necessary functions of your job. If your employer terminates or reassigns you after you’ve suffered a work injury when reasonable accommodations might allow you to continue performing your old job, you might have a claim for disability discrimination.
Whether an adverse employment action constitutes retaliation or discrimination is a factually and legally complex matter. Let our work injury attorneys review your case and help you to understand your legal rights and options.
If you’ve been terminated by your employer after filing a claim for workers’ compensation, let our dedicated work injury attorneys fight on your behalf to make things right. We will aggressively pursue the workers’ compensation benefits you are entitled to under the law for your work injury. Our legal team can also pursue a discrimination or retaliation claim on your behalf, working to recover the lost pay and benefits you’ve experienced after being terminated from your job, and to get you reinstated to your position that you were fired from. When you’ve been injured on the job, we firmly believe you shouldn’t also have to face the prospect of a lost job in addition to missed time from work while recovering from debilitating injuries.
Workers’ compensation benefits are a right of every employee who is injured on the job. Unfortunately, some employers retaliate against employees who choose to exercise their rights to compensation and benefits after suffering a work injury. But can you legally be fired for filing a workers’ compensation claim? Absolutely not. If you may have been terminated after filing for workers’ compensation, reach out to the work injury lawyers of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC for a free, no-obligation case review to go over your rights and options if you have been the victim of unlawful termination.
Under New Jersey law, it is illegal for an employer to terminate an employee in retaliation for that employee filing a claim for workers’ compensation benefits. The particular facts and circumstances of your termination may indicate that you were discharged for a retaliatory purpose, rather than for any legitimate or lawful purpose. Our attorneys can review your case to determine whether you may have a claim for wrongful termination.
If you have been wrongfully terminated for filing a workers’ compensation claim, you may be entitled to receive workers’ comp benefits that were wrongfully denied to you after you were terminated from your job. You may also be entitled to compensation for your wrongful termination, including reinstatement to your position along with back pay you would have earned if you were not terminated, or lost income between the time of your termination and your starting a new job if you found new employment.