Retaliation Against Employees for Reporting Workplace Injuries
All employees have the basic “core” right to report work-related injuries and illnesses. In fact, it is illegal for an employer to retaliate against a worker for reporting an injury or illness. Such retaliation is considered workplace discrimination. If you have suffered retaliation, contact a New Jersey injury lawyer immediately to protect your rights.
If employees do not feel at liberty to report injuries or illnesses, all the employees in that workplace are in danger. Without open reporting, employers do not become aware of and remedy dangerous conditions. In addition, injured workers may not receive appropriate medical treatment or the workers’ compensation benefits to which they are entitled. Making sure that employees can report injuries or illnesses without fear of retaliation is therefore vital to guarding worker health and safety.
While an employer might not blatantly retaliate, a New Jersey injury lawyer can advise you that four policies may in reality constitute subtle retaliation:
- Disciplining an employee for an injury, regardless of the circumstances.
- Disciplining an employee for violating a rule regarding the procedures for reporting injuries and illnesses.
- Disciplining an employee for an injury that resulted from the employee violating a safety rule.
- Offering incentives not to report injuries, such as offering bonuses to employees who were not injured in the last year.
For example, the Department of Labor recently sued the U.S. Postal Service for retaliating against a safety specialist who provided information to an employee wishing to file a safety complaint with OSHA. After learning that the specialist helped the employee file a complaint, the Postal Service allegedly reprimanded the safety specialist, restricted him from contacting staff at his facility, and transferred him to an office without the necessary equipment to perform his job.
Contact Us
If you’ve been injured at work or retaliated against for reporting an injury or unsafe condition, contact New Jersey injury lawyer Dan T. Matrafajlo. He has the experience you need to deal with insurance companies and courts to get the best possible outcome for your case. Contact us today at 908-248-4404 for a free consultation.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
