Can an employer terminate an injured worker while he or she is out of work and receiving workers’ compensation?

Termination of employment is not legal. Employees in New Jersey have rights against retaliation for seeking workers’ compensation benefits.

If you believe you were terminated in retaliation for claiming workers’ compensation benefits or because of your disability, you may file a complaint against your former employer with the NJ Division of Workers’ Compensation.

If you prevail, the law provides for restoration of your job and payment of lost wages. But you must be ready and able to perform the duties of your job again.

You may also have a legal claim under the Americans with Disabilities Act (ADA) or a CEPA (Conscientious Employee Protection Act or “whistleblower”) claim.

A New Jersey personal injury lawyer who is knowledgeable about workers’ compensation claims can assist you if you are actually the target of retaliation because of your workers’ compensation claim.