Employers Cannot Retaliate Against Employees Who File For New Jersey Workers’ Comp
The New Jersey Workers’ Compensation Statute makes it illegal for an employer to retaliate against its employee for filing a workers’ compensation claim – or against the employee’s co-workers for participating in the case. If you believe that your employer retaliated against you for filing for workers’ comp benefits, you should immediately hire a New Jersey workman’s comp lawyer to protect your legal rights.
What Is Retaliatory Termination?
Retaliatory termination occurs when an employer terminates an employee in retaliation for filing a workers’ compensation claim or exercising his or her right to workers’ compensation benefits. Legally, employers cannot fire employees for filing workers’ compensation claims.
Employer retaliation is not limited to wrongful termination of employment. Other examples of employer retaliations include:
- “Bad Faith”/obstruction of the workers’ compensation claim process
- Ridicule, isolation, or threats at work
- Poor performance reviews and unwarranted disciplinary action
- Demotion, failure to promote or transfer
- Refusal to hire
- Pay cuts and reduction or loss of certain benefits
Your New Jersey workman’s comp lawyer will look at the specific facts of your situation to determine whether in fact you were retaliated against for filing a workman’s comp claim.
Employee’s Recourse to Retaliatory Termination
If you believe that a workers’ comp claim prompted your employer to exercise an adverse decision, you can file a complaint with the Division of Workers’ Compensation. However, you will bear the burden of proof, whereas your employer will not need to provide a reason as to why you were fired.
If your New Jersey workman’s comp lawyer determines that you were terminated not in retaliation, but because of your disabling condition, you may be able to file a claim under the Americans with Disabilities Act.
If you think you may be a victim of employer retaliation, call New Jersey workman’s comp lawyer Dan Matrafajlo at (908) 248-4404 to discuss whether you are entitled to file a lawsuit against your employer for compensation for mental anguish, lost wages and other damages.