Can You Sue Your Employer for Firing You for Getting Hurt On the Job?
Posted April 12th, 2021 by Anthony Carbone.
Categories: Workers Compensation.
Can I sue my employer for firing me for getting hurt on the job? The aftermath of a work-related injury can be tough enough to handle without the fear of losing your job. Unfortunately, this question plagues far too many employees whose injuries have left them either permanently or temporarily disabled.
In New Jersey, if you sustain an injury on the job, your rights are protected under several laws and acts. This is especially true if you get fired due to your injuries. If you have sustained an injury or fallen ill at work, a North Bergen Personal Injury Attorney can inform you about your options for compensation.
Getting Fired for a Work-Related Injury
In most states, it is illegal to fire an employee solely because they have suffered a workplace injury and filed a compensation claim. That said, workers’ may be terminated if their injuries prevent them from completing their essential job responsibilities.
The Americans with Disabilities Act (ADA) protects employees from discriminate termination based on their work-related injuries. Under the act, an employer must make reasonable accommodations for an injured worker before firing them. These accommodations might include:
- Providing certain equipment
- Modifying their work schedule
- Restructuring their duties to meet the needs created by the injury
Generally, accommodations are considered reasonable if they don’t significantly affect the employer’s operations and budget. Larger companies may be able to provide greater accommodations than others.
Protections Under FMLA
If you are fired because of your work-related injury, you can file a claim against your employer under the Americans with Disabilities Act. You could also take legal action according to the Family Medical Leave Act, which allows employees suffering from a serious condition to take time off work. In your absence, your employer is not allowed to terminate you or assign you lesser duties as retribution.
Proving You Were Fired Due to Your Injuries
Most employers understand liability and will never admit they terminated you because of your work-related injury. This means that you must gather enough evidence to prove that this was the case. Usually, you can turn to the timing of your termination.
If you have worked for your employer for a long time, and they fire you immediately after you get injured, this can serve as proof that you were wrongly terminated. You can also use statements your employer used that suggest this, such as:
- “You are a liability”
- “I can’t afford to have an injured worker in my workplace”
- “Don’t file a compensation claim”
Talk to a North Bergen Personal Injury Attorney
The most accurate answer to “can I sue my employer for firing me for getting hurt on the job” is, it depends. An attorney can evaluate the circumstances of your case to determine whether you have a case and what damages you may be entitled to receive from your employer.
Attorney Anthony Carbone, an experienced North Bergen Personal Injury Attorney, has been fighting for the rights of injury victims in New Jersey for over 30 years. Contact the Law Offices of Anthony Carbone at 201-733-2230 to discuss your rights.
