Can I Be Fired for Filing a Workers’ Comp Claim in NJ?

If you have been injured at work, receiving workers’ compensation benefits can be a great relief. These benefits cover medical expenses as well as part of your wages for the period that you are unable to work. While workers’ compensation offers financial protection, it does not provide employment protection. Your employer can still fire you while you are receiving workers’ compensation. 

What to Do If You Have Been Fired While On Workers’ Comp

If you have been fired while you’re on workers’ comp you should talk to an experienced workers’ comp lawyer as soon as possible. It is possible that your employer may have violated your rights. An experienced attorney can review and investigate your case to determine whether your rights have been violated. They can also help you get reinstated, back pay that is owed to you, or seek other remedies for your situation. 

If You Have Been Fired as Retaliation for Filing for Workers’ Comp 

It is illegal for your employer out of retaliation for filing a workers’ comp claim. However, companies don’t come out and say that this is the reason that they have fired their employee. You will therefore need to seek evidence to show that your employer acted in retaliation and this is the reason you lost your job. 

If you have been fired on the basis of a disability 

There are several state and federal laws that prohibit employers from discriminating against their employees on the basis of disability. These include the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Your employer cannot fire you because of a disability that has resulted from the injuries you suffered in a workplace accident. Whether your injury has left you with a temporary or permanent disability, your employer cannot terminate your employment solely based on your disability. They must first offer you reasonable accommodations to allow you to continue to perform your tasks at work. 

If you can’t perform your tasks at work

What happens if your disability prevents you from performing your job? Your employer is still prohibited by the law from letting you go solely based on your disability. However, they are not required to keep you employed indefinitely. Employers have the option of offering injured workers a different position. However, if your disability prevents you from returning to work in any capacity, you will need to seek compensation for long-term losses. 

When you can’t return to work entirely as a result of your injuries, it is important to seek the guidance and representation of an experienced attorney. An experienced attorney can estimate your long-term damages more accurately. They will fight to ensure your rights are considered and that you are able to recover the full compensation to cater to your long-term needs. 

Contact a Workers’ Compensation Lawyer in Rochelle Park to Discuss Your New Jersey Workplace Injury Case

Are you worried about being fired for filing workers’ compensation? Have you already been fired while on workers’ compensation? Contact our law firm to schedule a free consultation with an experienced attorney and find out about your rights and options. The experienced workers’ compensation attorneys at The Epstein Law Firm, P.A. represent clients in Mahwah, Paramus, Ridgewood, Englewood, and all across New Jersey. To get a free consultation regarding your work injury case, contact us at (201) 380-7687 or via our online form right away. Our main office is situated in Rochelle Park, New Jersey, at 340 West Passaic Street.

The articles on this blog are for informational purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.