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Fired After Being Hurt At Work

Were You Fired After Being Hurt at Work in New Jersey? 

Call Our Experienced Lawyer 

When people suffer injuries at work, they often worry not just about healing physically but are also concerned about whether they will be terminated for getting hurt or for filing a workers’ compensation claim. Injured workers are provided ample protection under the law. You cannot be fired in retaliation for reporting an injury. If you were fired after being hurt at work in New Jersey, you should meet with our skillful lawyer to discuss the measures you can take to protect your rights.

Daniel Santarsiero, Esq. has helped protect the injured since 1993 and is one of just 2% of New Jersey lawyers to be a certified Civil Trial Attorney. Call (934) 200-5372 today.

Prohibitions Against Terminating an Employee Based on an Injury

While the laws regarding when and why a New Jersey employer can terminate an employee are relatively straightforward, proving that an employer violated a law can be complicated. 

In most cases, New Jersey employees have an at-will employment relationship with their employers. In other words, absent an employment contract, most employers can terminate any employee at any time, with or without cause, as long as they are not terminating the employee for a prohibited reason. Being injured on the job and filing a workers’ compensation claim is one of those prohibited reasons. 

Please note this does not mean an employee cannot be terminated after suffering an injury or disability on the job. It does mean that the injury and subsequent workers’ comp claim can’t be the reason. This same protection applies to employees who testify in workers’ comp cases. 

Thus, a terminated employee faces the challenge of proving in court that they were fired because they got hurt at work. An employee who can establish that he or she was fired as retaliation for seeking benefits or testifying at a workers’ compensation hearing will be entitled to any lost wages suffered due to the termination and may be restored to his or her prior position.

Why Choose Daniel Santarsiero NJ Workers' Compensation Lawyer? Our Commitment to Your Recovery

  • Start with a Virtual Consult
    You don't need to come to our office. We can meet virtually!
  • 24/7 Help Available
    Don't hesitate! Give us a call whenever you need legal help.
  • We Offer Contingency Fees
    You don't pay our firm a dime unless we win for you.
  • We're a Spanish-Speaking Team
    Our law firm is dedicated to providing Spanish language services.

Hear From Our Happy Clients

At Daniel Santarsiero NJ Workers' Compensation Lawyer, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Hard Work & Dedication"
    Very professional and hardworking group of lawyers. They work hard to get you the best outcome for your cases. Excellent customer service and always current and prompt with material that relates to your case.
    - Zalana K.
    "A Great Experience!"
    I have had nothing but great experiences working with Daniel Santarsiero on several comp cases.
    - Larry W.
    "Highly Recommend!"
    He always took the time to answer all my questions and thoroughly explain what was happening next. I would highly recommend him!!!!!!
    - Barbara A.
    "He is Amazing!"
    He is amazing! Not only did he answer all my questions, but he also broke down my case in terms that I would understand.
    - Amanda A.
    "A Blessing!"
    He sure will go to bat for someone he believes in. I would recommend him over and over again.
    - Eileen H.
    "Very Satisfied!"
    I wasn't really expecting to get anything so im very satisfied with the results, would highly recommend as a legal representative.
    - Lucas Vieira A.
    "Definitely Recommend!"
    I would have never been able to navigate all the twists and turns of the process. Thanks to Dan everything was 100% successful. I highly, highly recommend Dan.
    - Russ D.
    "The Best Results!"
    He resolved any concerns and concluded the case within a reasonable amount of time with positive results.
    - Stephen C.

Proving the Reasons for Your Termination 

How does an employee prove that the injury and their claim for benefits was the reason they got fired, as opposed to whatever reason (if any) was given by management? 

There are several places our office can look for evidence that will corroborate your story: 

  • Witness testimony: Statements from coworkers can back up your account and provide insight into any discriminatory behavior by the employer. Having multiple witnesses strengthens the credibility of your claim.
  • Employment records: These include performance reviews and disciplinary actions before and after the injury. If you had a positive work history prior and only faced negative actions afterward, it may help your case. Documenting changes in job duties or evaluations is vital. 
  • Communications with your employer: Any emails, letters, or text messages between you and your employer may be important evidence. Direct or indirect references to the injury in discussions about your employment status can be particularly telling.
  • Timeline of events: A clearly documented timeline from the injury occurrence to the termination can help establish a pattern. This timeline should include dates and details of the injury, medical treatments, interactions with the employer, and the termination itself. 
  • Human resources reports: HR documents can provide an internal record of the injury, reported challenges, and any retaliatory actions taken by the employer. These reports can validate your account and show the employer's awareness and response to your situation.

About New Jersey Worker's Compensation Lawyer

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. Our injury attorneys do not charge a fee unless we make a recovery on your behalf.

Steps You Should Take Following a Workplace Injury

The best way to protect your health and your employment interests after an injury is to follow these steps: 

  • Seek immediate medical attention: Prompt treatment helps your well-being and provides documented evidence of your injury, which is key for any future claims. Remember to follow all prescribed treatments and attend follow-up appointments.
  • Report the injury: Notify your employer as soon as possible, ideally within 24 hours. Provide detailed information about how, when, and where the injury occurred. Timely reporting helps initiate the workers' compensation process and prevents the denial or delay of benefits.
  • Document the incident: Keep a detailed record, including the date, time, location, and circumstances surrounding the injury. Note any witnesses and gather their contact information if possible. 

Being injured is not just physically painful. It can be psychologically stressful and traumatic. We know following strict legal protocols is not easy and may not even be possible without help. That’s why we’re here. We work on contingency, so we don’t get our fee unless you get your settlement. 

There’s a long road ahead, not just in terms of physical rehabilitation but also legally. Paperwork has to be completed, forms filed, and follow-up work needs to happen. The sooner you bring us in, the sooner we can get to work. 

People who are injured at work should be able to focus on getting well without worrying that they may lose their jobs. If you were fired after being hurt at work, our New Jersey attorney can counsel you on strategies for protecting your interests and help you pursue remedies.

Call (934) 200-5372 or reach out online today to schedule a free consultation. We meet with clients both virtually and in-person.

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