Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?

Letting a worker go for filing a workers’ compensation claim in New Jersey falls into the category of retaliation for filing. This is illegal. It is against the law for an employer to fire a worker in retaliation for them filing a workers’ compensation claim.

To be clear, though, they may state they fired the worker for another reason entirely. This is because an employee may be fired even if a workers’ compensation claim was filed if the firing was for reasons unrelated to the filing of a claim, such as if the firing was part of an already planned layoff, or if the employee was fired for cause for misconduct. An employer also is not required to keep an employee’s job open indefinitely when the employer can show that not fulfilling the position would be detrimental to the business.

If there is any question in your mind about the reasons you were let go for getting injured on the job, and filing a workers’ compensation claim, you should call an experienced New Jersey workers’ compensation attorney at the Todd J. Leonard Law Firm.

Each case is different, and in situations such as the ones mentioned above, speaking to an experienced New Jersey workers’ compensation attorney means you are informed of your legal rights. That said, whether you were fired for cause or not, there may be evidence pointing to you being fired because you filed a claim. This is when you need legal counsel to ensure your rights are protected.

If you were indeed fired for filing a workers’ compensation claim, you may be able to file a lawsuit for wrongful termination. Retaliation is when an employer penalizes a worker for exercising their workplace rights. Firing a worker for exercising their legal rights in the workplace is in violation of New Jersey law.

Again, each case and situation is unique, and discussing it with an experienced workers’ compensation attorney at the Todd J. Leonard Law Firm is the best place to gather information about your specific circumstances and claim.

New Jersey employers do not have to tell you why you were terminated. However, if the explanation you get is rather vague or clearly false, and believe it is in retaliation for filing a workers’ compensation claim, you may also have a claim for wrongful termination. Talk to an experienced New Jersey Workers’ Compensation lawyer at the Todd J. Leonard Law Firm as soon as possible.

Contact the Experienced New Jersey Workers’ Compensation Lawyers at the Todd J. Leonard Law Firm Now! 

If you were recently injured in a workplace accident, this is undoubtedly a difficult time for you and your family. The workers’ compensation lawyers at the Todd J. Leonard Law Firm understand the challenges you face and want to help protect your rights. We aggressively represent every client we serve, ensuring they receive the benefits they are entitled to, so they can move on with their lives after a serious accident while on the job.

Whether it be through a workers’ comp claim and/or a third-party personal injury case, our workers’ compensation and personal injury lawyers will help you navigate the complexities of the process, so you can focus on your recovery. We have recovered over $100 million for our clients and can effectively negotiate on your behalf with even the largest insurance companies. We have successfully served thousands of clients throughout New Jersey. To learn more about how we can help you pursue a workers’ compensation claim, give us a call today at (973) 920-7900 to request a FREE and confidential consultation. You can also connect with us through our online form. There is never a fee unless we win. We have two conveniently located offices in Denville and Morristown, New Jersey.

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