Can My Employer Fire Me for Missing Work Due to a New Jersey Work Injury?
New Jersey Annotated Statute 34:15-39.1 prohibits an employer from taking retaliatory action against an employee for filing a workers’ compensation claim or for testifying at another employee’s workers’ compensation hearing. This includes firing, suspension, demotion, etc.
If you were retaliated against and you believe that filing a New Jersey workers’ compensation claim or testifying in another employee’s hearing was the reason for the retaliation, you can file a discrimination complaint against your employer with the Division of Workers’ Compensation.
What Remedies Are Available?
The primary remedies for wrongful firing in retaliation for a New Jersey workers’ compensation claim are reinstatement of your former job and payment of lost wages. To return to your job, however, you must show that you are able to perform the essential duties of that job in spite of your injury.
What If I Was Fired Because I’m Disabled?
If you weren’t fired in retaliation for your workers’ compensation claim, but because you are disabled from your injury, this is not a violation of the workers’ compensation statute, but it may be a violation of the Americans With Disabilities Act (ADA). If you believe that you have been discriminated against because of your disability, contact the Equal Employment Opportunity Commission by calling (215) 451-5800 from Mercer County or south or (800) 669-4000 from Monmouth County or north.
A New Jersey Workers’ Compensation Lawyer Can Help
If you need help filing a workers’ compensation claim, New Jersey workers’ compensation lawyer Dan T. Matrafajlo can help. Call the number at the top of this page to schedule a free consultation.