New Jersey Workplace Injury And Wrongful Termination Lawyers
When you have been hurt on the job, you might be wondering, when can I go back to work? If your employer has fired you after sustaining an injury, that option is not available to you. In some cases, it is illegal for being 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, Marth, Tunnero & Schiffman, P.C., we offer a full range of employment services to workers across New Jersey. If you suspect you have been wrongfully terminated, we are ready to fight on your behalf.
Your rights when filing a NJ workers’ compensation claim
The bottom line is: you cannot be fired for filing a workers’ compensation claim in New Jersey. Your employer is not allowed to retaliate against you in any way after you have exercised your employment rights. If your employer terminates you or in any way retaliates against you for filing a workers’ compensation claim, you may have a claim for discrimination.
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. 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, yes, your employer is legally allowed to terminate your employment if you have been hurt on the job. Typically, 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 lead 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 is required to provide “reasonable accommodations” to “qualified” disabled persons.
Since the laws are so complicated, and every circumstance is unique, your best bet is to consult an employment law attorney.
Contact our New Jersey workplace injury and wrongful termination lawyers today
Do not hesitate to contact the law firm of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. if you suspect wrongful termination. During your free initial consultation, an attorney reviews your case and explores the various legal options. Call us today at (908) 561-5577 or contact us online to schedule a free consultation.