You have filed a workers’ compensation claim and started treatment for your injury. Then your employer fires you. It feels unfair and confusing, and now you are panicking: What happens if I get fired while on workers’ comp?
New Jersey law prohibits employers from terminating employees solely for filing a workers’ compensation claim. Still, you need answers about whether your firing was legal, if your benefits will continue, and how you will manage financially during recovery. At Petro Cohen, P.C., we have helped countless injured employees across South Jersey—including Atlantic County, Cape May County, Camden County, and surrounding areas—understand their rights and fight back against wrongful terminations.
Here is what to know about your legal protections, the support you are entitled to, and the steps to take if your employer wrongfully terminates you.
Can You Collect Workers’ Comp After Being Fired?
According to the U.S. Occupational Safety and Health Administration (OSHA), about three percent of workers experience a job-related injury or illness each year. Many spend days or weeks recovering, and some are still off work months later. When a termination happens during that time, the fear is immediate—will the checks stop?
In New Jersey, the answer is no. Being fired does not end your workers’ compensation benefits. Your right to medical care and wage replacement comes from the injury itself, not whether you still have a job.
If your authorized doctor confirms that you cannot work or still need treatment, your employer’s workers’ compensation insurance carrier must continue paying for approved medical care and disability benefits.
In short, your benefits stay active regardless of your employment status.
Does Workers’ Comp Protect Your Job?
Your workers’ comp benefits continue after termination, but your job is not protected. In New Jersey, employment is “at will,” so an employer can dismiss someone for any lawful reason or none. What matters is whether the decision was unrelated to your injury or claim.
A termination may still be lawful in situations such as:
- Layoffs or restructuring. Your employer may include your position in a company-wide reduction or departmental change if their decision is unrelated to your claim.
- Inability to perform your job. When an injury prevents you from handling essential duties and no reasonable accommodation can be made, termination may be permitted.
- Misconduct or performance issues. Documented misconduct or poor performance that occurred before the injury and had no link to your claim can also justify dismissal.
If the decision to fire you stems from legitimate business reasons and has no connection to your claim, your employer’s actions may be permitted under New Jersey employment rules.
So, When Is Termination Illegal?
New Jersey law forbids employers from firing or punishing workers for filing or attempting to file a workers’ compensation claim. This is called illegal retaliation, and it can include termination, demotion, or harassment linked to your injury or medical treatment.
If you are thinking, “I got hurt at work and they fired me,” you may have experienced retaliation. A sudden termination after filing a claim, shifting explanations from your employer, or pressure to avoid reporting your injury are all warning signs.
The law protects your right to seek benefits without fear. Employers who violate these protections can face serious consequences. Depending on the case, you may be entitled to reinstatement, lost wages, or financial damages.
Frequently Asked Questions About Being Fired While on Workers’ Comp in New Jersey
Can my employer legally fire me while I am receiving workers’ compensation in New Jersey?
Your employer can terminate your employment for legitimate business reasons, but it is illegal to fire you because you filed a workers’ compensation claim. New Jersey law protects injured employees from retaliation while receiving benefits.
What should I do if I am fired after filing a workers’ comp claim?
If you are fired after filing a claim, document everything—termination letters, emails, and performance records. Then contact a New Jersey workers’ compensation attorney immediately. An attorney can determine if the firing was retaliatory and help you pursue reinstatement or additional compensation.
Can I still receive workers’ comp benefits if I lose my job?
Yes. You can continue receiving workers’ comp benefits even after being fired. Your right to medical care and wage replacement comes from the injury itself, not your employment status. If your doctor confirms you cannot work, benefits should continue.
Is firing an injured worker considered retaliation in New Jersey?
Yes, if the termination is connected to your injury or claim. Retaliation for filing a workers’ comp claim is illegal under New Jersey law. Employers who violate this protection can face penalties, and employees may be entitled to reinstatement, lost wages, and damages.
Should I contact a workers’ compensation attorney if I am fired while on benefits?
Absolutely. An experienced New Jersey workers’ compensation attorney can review your case, determine whether your termination was lawful, and help protect your rights to ongoing benefits and fair treatment.
What Happens If I Get Fired While on Workers’ Comp: Your Next Steps
If your employer terminates you while you are receiving workers’ compensation, take immediate steps to protect your rights.
First, document everything.Save termination notices, emails, and texts related to your injury or claim. Keep performance reviews, attendance records, and notes from conversations with supervisors or HR.
Next, apply for unemployment benefits. You may still qualify for unemployment benefits depending on your ability to work. Eligibility also depends on the reason for termination, so provide accurate information about your injury and claim status.
And most importantly, consult an attorney. A New Jersey workers’ compensation or employment lawyer can review your situation, confirm whether retaliation occurred, and guide you on filing a complaint or claim.
Fired While on Workers’ Comp? Petro Cohen, P.C. Can Help
Petro Cohen, P.C., is recognized among New Jersey’s leading workers’ compensation law firms. With decades of combined experience, our attorneys are seasoned advocates for workers wrongfully fired or mistreated while receiving benefits.
We know how to hold employers accountable and protect your right to continued compensation. Contact us today for a free consultation.
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