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Workplace Injuries And Wrongful Termination In New Jersey
When you have been hurt on the job, you might wonder, When can I return to work? If your employer has fired you after sustaining an injury, that option is not available. Sometimes, it is illegal to be terminated after filing a workers’ compensation claim in New Jersey. You reserve the right to fight back if you have been the victim of wrongful termination.
At Aiello, Harris, Abate Law Group PC, we offer a full range of employment services to workers across New Jersey. We are ready to fight on your behalf if you suspect you have been wrongfully terminated.
Your rights when filing a New Jersey workers’ compensation claim
The bottom line is that you cannot be fired for filing a workers’ compensation claim in New Jersey. Your employer is not allowed to retaliate against you after you have exercised your employment rights. You may have a discrimination claim if your employer terminates you or retaliates against you for filing a workers’ compensation claim.
If you were fired for filing a claim, you may be able to file a wrongful termination lawsuit. With a lawsuit, you might be able to have your old job position restored and receive payment for lost wages. However, to get your job back, you need to be able to perform the necessary functions of your job.
Your rights when being involved in a workers’ compensation claim
Here’s a scenario: your co-worker was involved in an accident at work. He is injured and is unable to work. Your employer files a workers’ compensation claim, and now the insurance company is investigating the claim. You are asked to testify at a hearing or to provide testimony about the incident because you witnessed it.
You give honest testimony about how your co-worker received his injury. Now, you are being retaliated against at work – you are being harassed, you got a pay cut, or a demotion. Workplace retaliation for being involved in a workers’ compensation investigation is illegal.
If you were fired for your involvement in an investigation, it may be grounds for a wrongful termination lawsuit.
Can I be fired after I get hurt at work?
Unfortunately, your employer is legally allowed to terminate your employment if you have been hurt on the job. If your injury or illness prevents you from performing your job duties, your boss may have good reason to fire you.
However, if you were injured at work and it led to a disability, and now you are being discriminated against, this could be illegal. You may have a claim under the Americans with Disabilities Act (ADA). Under the ADA, your employer must provide “reasonable accommodations” to “qualified” disabled persons.
Since the laws are so complicated, and every circumstance is unique, your best bet is to consult a New Jersey employment lawyer.
Wrongful Termination Consultation
Do not hesitate to contact the law firm of Aiello, Harris, Abate Law Group PC if you suspect wrongful termination. During your free initial consultation, an attorney reviews your case and explores the various legal options.
Contact us today
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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