Can I get laid off after claiming workers’ compensation?

Posted November 20th, 2013 by .

Categories: Workers Compensation.

You were injured on the job. While in the hospital receiving treatment, you receive a phone call from your employer. He tells you that your job has been terminated. What do you do now? And, more importantly, is it legal for him to do that?

Well according to the New Jersey statute (NJSA 34:15-39.1), the employer cannot fire you because you are filing a workers’ compensation claim or because you are testifying in a workers’ compensation hearing. If you believe that this is the reason your employer fired you, then after contacting us, you make want to file a discrimination complaint against your employer. You must prove that you can still perform all the essential duties of your job. If you are able to do this, and you win your complaint, your employer must restore you to your job and pay you for any lost wages.

In addition, if you feel the reason for your firing is because of your now disability and not because you filed workers’ compensation, you can also claim that the firing is a violation of the Americans with Disabilities Act. For information on the act and complaints, contact the Equal Employment Opportunity Commission. However, before filing any complaints against your employer, make sure that the reason you were fired is because of the injury you sustained and not for another reason. Remember, you need to prove that your employer fired you because of your injury and not because of any other reason, such as incompetence.

Have questions on workers’ compensation? Then let us know! Either email us or comment on our Facebook page and we will answer them in our next blog.

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