Every New Jersey employee who suffers injury or illness as a result of work-related duties is legally entitled to file a workers’ compensation claim. After all, the purpose of our state’s workers’ compensation system is to provide essential support for injured/ill workers. Sadly, some employers will resort to intimidation tactics to avoid providing employees with the compensation they need and deserve.
The Letter of the Law
Employers are required to provide compensation including benefits and even reimbursement when a worker is injured or falls ill after performing job-related duties. Employees enjoy the benefits provided through the state’s workers’ compensation system while forfeiting their right to sue the employer for injury/illness resulting from work duties. However, some employers are hesitant to fulfill their half of this agreement. Some such employers will even go as far as threatening or retaliating against those who file a workers’ compensation claim.
Examples of Employer Threats and Retaliation
Employer retaliation and threats are rendered in a wide array of forms that extend well beyond terminating an employee. Here are a few examples of ways employers retaliate or threaten those who file a workers’ compensation claim:
- Taking unjust disciplinary action against the employee
- Refusing to promote a deserving employee
- Demoting the injured/ill employee
- Transferring or reassigning the employee to a position/location he or she dislikes
- Verbal/written statements meant to intimidate
Furthermore, employers sometimes interfere with the injured/ill employee’s workers’ compensation claim in an attempt to decrease essential employment benefits such as vacation, insurance, etc.
Understand Your Rights
If an employer has retaliated or threatened you due to the filing of a workers’ compensation claim or after you express your desire to file such a claim, it is time to assert your rights provided by the law. Though our state has at-will employment, employers are not permitted to do as they please. Your employer is not legally permitted to terminate you due to the filing of a workers’ compensation claim.
Though the New Jersey workers’ compensation system is certainly complex, there is no reason to be intimidated. Our legal team led by Richard Schibell is here to inform you of your rights and defend those rights to the fullest extent of the law. If you have been threatened or retaliated against, even in a subtle manner, do the smart thing by reaching out to our law firm for assistance.
Our Workers’ Compensation Attorneys are a Call Away
Do not attempt to navigate the workers’ compensation system on your own. Your focus should be squared on rebuilding your health and spirit after your work-related injury or illness. Call Schibell Law at 732-774-1000 to find out more about how we can help expedite your claim and maximize your compensation.