Skip to content 
While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
Over 35 years of experience. Over $100 million recovered for clients.
While I was out of work as a result of a work-related injury my employer terminated me. Is this legal?
If you’ve been injured on the job in New Jersey, you need to make sure your rights are protected. Employees can file a workers’ comp claim if they are injured on the job. The injured worker will need to show that their injury either happened at work, or resulted from their work. New Jersey’s workers’ compensation system provides temporary and permanent benefits to injured workers.
It is against the law for an employer to retaliate (including termination) against their employee for filing a workers’ compensation claim. According to The New Jersey Department of Labor and Workforce Development, citing the Workers’ Compensation statute (NJSA 34:15-39.1), which “….prohibits the termination of an employee in retaliation for filing a workers compensation claim or for testifying at a workers’ compensation hearing.” It goes on to say, that “If you feel you were terminated for these reasons, one alternative is the filing of a discrimination complaint against your employer with the Division of Workers’ Compensation.”
Other Workers’ Compensation FAQs:
- Am I Allowed to Choose My Doctors For My Workplace Injury in New Jersey?
- Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
- Are Longshore Workers Eligible For Workers’ Compensation in New Jersey?
- Are Minors Entitled to Workers’ Compensation Benefits?
- Are Minors Injured in a Work-Related Accident Eligible to Receive Workers’ Compensation Benefits in New Jersey?
- Are Workers’ Compensation Benefits Taxable?
- Can A Workers’ Compensation Lawyer Help Me Obtain Benefits and A Settlement Award?
- Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?
- Can CNAs or RNs Attacked by Patients Receive Workers’ Comp Benefits For Their Injuries?
- Can I Choose My Doctor For My Workers’ Compensation Claim in New Jersey?
- Can I File a Third-Party Lawsuit For My New Jersey Workplace Injury?
- Can I Get Workers’ Compensation When A Coworker Assaults Me?
- Can I Receive Workers’ Compensation For A Gradual, Repetitive Use Injury?
- Can I Reopen My Workers’ Compensation Case?
- Do I Need A Doctor’s Approval to Return to Work?
- How Does a Workers’ Compensation Lawyer Get Paid If the Injured Worker Is Totally Disabled in New Jersey?
- How Does A Workers’ Compensation Lawyer Get Paid?
- How Much Do Workers’ Compensation Lawyers charge in New Jersey?
- How Much Does a Lawyer Make Off of a Workers’ Compensation Claim?
- How Much Does a Workers’ Compensation Lawyer Charge in New Jersey?
- I Was Terminated While Out of Work Due to an On-the Job Injury; What Are My Rights?
- If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
- Is My Injury Considered A Permanent Partial Disability?
- Since I Cannot Perform the Job I Did Before the Injury, Can I Return to Work in a Different Capacity, and How Would That Impact Future Compensation?
- The Workers’ Compensation Doctor Has Released Me For Light Duty Work, But My Employer Told Ne There Is No Light Duty Work Available. What Should I Do?
- What Do I Do If I Get into a New Jersey Car Accident While Working?
- What Does A Workers’ Compensation Lawyer Do For You?
- What Does A Workers’ Compensation Lawyer Do?
- What Does A Workers’ Compensation Lawyer Need to Know?
- What Does AWW Mean Under Workers’ Comp? (Average Weekly Wage)
- What Does FCE Mean Under Workers’ Comp? (Functional Capacity Evaluation)
- What Does IME Mean in Workers’ Comp? (Independent Medical Examination)
- What Does MMI Mean in Workers’ Comp? (Maximum Medical Improvement)
- What Does PPD Mean in Workers’ Comp? (Permanent Partial Disability)
- What Does TTD Mean in Workers’ Comp? (Temporary Total Disability)
- What Happens When Using A Lawyer For A Workers’ Compensation Claim?
- What Happens When You Get A Workers’ Compensation Lawyer?
- What Is A Workers’ Compensation Lawyer?
- What Kind of Information Does A Workers’ Compensation Lawyer Need From You?
- What Should I Do If My Employer Refuses to Open Up a Workers’ Compensation Claim?
- What To Do If Your Employer Will Not Report Your New Jersey Accident to the Workers’ Compensation Carrier?
- What to Expect in Your Free Consultation with a Workers’ Compensation Lawyer?
- What Type of Documents Do I Need to Sign to Allow My Workers’ Compensation Lawyer to Accept My Settlement?
- What Will A New Jersey Workers’ Compensation Attorney Do For Me?
- What Workers’ Comp Benefits Can I Receive If I’m Unable to Work or Return to Work?
- When Do I Need A New Jersey Workers’ Compensation Lawyer?
- When Do Workers’ Compensation Payments Stop?
- When To Get A Lawyer For TBI Workers’ Compensation?
- When To Get A Workers’ Compensation Lawyer?
- While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
- Why Do I Need a Lawyer to File a Workers’ Compensation Claim?
- Why Do I Need A Lawyer to File For New Jersey Workers’ Compensation?
- Why Should I Have A Workers’ Compensation Lawyer?
A proven track record of success
Request a Free Consultation
Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.