If you’ve been in an accident at work, you may be worried about taking any time off for your injury, afraid that your boss might replace you, or even worse, terminate you because you’ve filed for unemployment benefits. Can you risk losing your job by seeking workers’ compensation because of a job-related injury or illness? Can your employer replace you and tell you there’s no opening when you are ready to come back to work?
Under the workers’ compensation in New Jersey, an employer may not engage in any form of retaliation against a worker who has filed a good faith claim for workers’ compensation. Accordingly, your employer cannot let you go solely because you sought benefits for a workplace injury. In addition, your employer cannot take any other action that would be considered retribution for filing a workers’ compensation claim, including:
- Denying a raise, promotion or bonus
- Preventing access to benefits available to other workers is similar positions with similar experience
- Assigning you undesirable tasks or tasks beneath or not within your job description
As a practical matter, it can be extremely difficult to show that termination was a direct and sole result of filing a workers’ compensation claim. In New Jersey, as in most states, employment is considered to be “at will,” which means your employer can terminate your employment at any time for any reason that is not contrary to law, to employment contract or to public policy.
At the Cintron Firm, LLC, we offer more than 14 years of experience to people in New Jersey facing a broad array of legal challenges. Attorney Mark Cintron has worked as a prosecutor and has extensive courtroom experience, so he’s always ready, willing and able to protect your interests before a judge or jury. Contact our office online or call us at 201-791-1333 or 917-494-5695 to set up an appointment.