Studies indicate that some New Jersey workers are reluctant to file legitimate workers’ compensation claims following work-related accidents, because they fear that they will fired for doing so. Is a New Jersey employer allowed to fire a worker for filing a claim? In short, the answer is no. There are, however, a few exceptions.
It’s Unlawful For An Employer to Discharge or Discriminate
N.J. Stat. Ann. § 34:15-39.1 makes it unlawful for an employer to discharge or in any manner discriminate against an employee who has filed a workers’ compensation claim. The injured employee should be aware, therefore, that it is just as much a violation of the statute for an employer to demote an employee, as it is to fire him or her.
Timing of Firing is Important, But Not Always Determinative
The timing of the firing (or demotion) is important. It is not the only determining factor, however. Where an employee can show that he or she filed a claim (or advised the employer that a claim was soon to be filed), and that soon thereafter the employer terminated the employee, that employee has made a prima facie case of wrongful termination.
You Work Hard; Now Let Us Work Hard For You!
If you have been injured on the job, you may be entitled to workers’ compensation benefits and should know your rights. You do not have to establish that the employer was at-fault, and you may usually recover even if the accident was caused by a mistake or inattention on your part.
Call or contact Petro Cohen for a free consultation. Talk with a hard-working New Jersey workers’ compensation lawyer to find out how to recover money to pay for your medical treatment, physical therapy, and lost earnings. We can be reached by phone at 888-675-7607 or complete our online form. We look forward to discussing your situation with you.