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Workers may face retaliation for compensation claims

April 01, 2022

Workers in New Jersey have the right to compensation for work-related injuries. But some workers may also face the risk of workplace discrimination or retaliation for filing their workers’ compensation claim.

Common methods

Workers must file a timely claim and seek medical care. This may be complicated if an employer discriminates against them for their claim. Typical methods include:

  • Doing nothing to adjust the needs of the injured employee.
  • Harassment or bullying of the worker who filed the compensation claim.
  • Not promoting a worker because of their claim or taking other adverse actions such as a demotion or unwanted transfer.
  • Treating the worker unfairly.
  • Wrongful termination of the worker because of their claim.

New Jersey law

In New Jersey, it is illegal for an employer to fire or discriminate against a worker for filing or attempting to file a workers’ compensation claim or testifying at a hearing. The primary solution is reinstatement to employment. Actions may be filed through civil or administrative proceedings.

Workers must be ready, willing, and able to engage in their work duties. If the discrimination is based upon the disabling injury, the worker may seek relief under the Americans with Disabilities Act.

Options

If you believe that an employer is discriminating against you, do not aggravate the situation. Be careful about your actions and statements at work and on social media to avoid having these be used against you in any legal proceedings. Remain calm.

Document any potential discrimination or retaliation. Determine whether there were any witnesses. Be careful that you do not violate any laws against videotaping and wiretapping.

Seeking workers’ compensation claim requires proof and may be complicated. An attorney can help assure that you take appropriate actions, your interests are protected and that you do not inadvertently surrender rights.

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Let Us Guide You Through The Process

If you have been injured in a workplace accident, you may have many questions about the financial benefits available to you under New Jersey’s workers’ compensation system. You should know that you only have a limited amount of time to report your work injury and make a claim for workers’ comp benefits. Therefore, it is important to have a New Jersey workers compensation attorney review your claim as soon as possible to see that you are being treated fairly and to ensure that you receive full compensation for your injuries. Please call 866-916-3549 or contact our office using our convenient online contact form to arrange a free consultation. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Representative Cases

Our client, a nurse at a long-term care center, suffered a work-related herniated disk injury in her back. As a result of her preexisting medical condition and her herniated disk, the court found that the client was totally disabled and awarded the client lifetime weekly disability payments and medical coverage for life.

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