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Workers’ Compensation Retaliation: What you need to know & how to handle it.

All employees who have been injured in a job-related accident and report the incident within the required time frame of 90 days are eligible to receive workers’ compensation benefits. These benefits will cover lost wages and medical expenses due to the accident. Employers cannot retaliate against a worker because they were exercising their rights to file a claim. When an employee believes he or she was retaliated against because of filing a workers’ compensation claim, that employee may be able to take legal actions against the employer for workers’ compensation retaliation. In New Jersey, employees should speak with a Workers’ Compensation Lawyer for help and direction. Workers’ compensation retaliation may include the following actions:

  • Demotions on the job
  • Transferring the employee to a less desirable position
  • Harassment in the workplace
  • Firing or termination of employment
  • Job performance evaluations are lower than normal
  • Creating a hostile work environment
  • Engaging in verbal or physical abuse
  • Unnecessary reprimands

Employers who engage in retaliation against employees who file for workers’ compensation benefits or starting the process to file are committing the unlawful act of discrimination in the workplace. Some employers do not want employees to investigate, inquire about, or pursue claims regarding workers’ compensation benefits. Many times, companies do not desire workers’ compensation claims to materialize because the employer’s insurance carrier may increase its insurance rates.

If an employee believes that he or she is being retaliated against because of filing a workers’ compensation claim, that employee should speak with a well-versed Workers’ Compensation Lawyer with offices throughout New Jersey, who will remind the employee of his or her rights in the workplace and actions available.

Proving Workers’ Compensation Retaliation

The burden of proof for workers’ compensation retaliation often rests on the shoulders of the employee. The timing of a worker’s termination or retaliation is significant. The firing may be unlawful when the retaliation occurred shortly after filing a claim. An employee can prove an unlawful firing or retaliation by showing the following:

  • The retaliation happened after the employee filed a workers’ compensation claim
  • The employee was in the process of filing a workers’ compensation claim
  • A direct connection between an employee’s filing of a claim and termination or retaliatory action

The New Jersey Workers’ Compensation Statute prohibits employers from firing or discriminating in any manner against an employee because the employee reported an injury to the employer, filed a claim, or attempted to file for workers’ compensation benefits. New Jersey workers can sue employers for these unlawful workplace actions.

Contact a Workers’ Compensation Lawyer in New Jersey

Workers’ compensation retaliation is not only an unethical business practice, but it is against state and federal law. Companies that participate in such practices should be held accountable. If you have filed a workers’ compensation claim due to being injured on the job and your employer retaliates against you, fight back with the help of an experienced attorney. Contact Schibell Law with law offices across New Jersey.

The Workers’ Compensation Lawyers at Schibell Law will be with you every step of the way until the matter is solved and you obtain the compensation you deserve. Call 732-774-1000 for more information or to set up a free case evaluation.

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