Injured workers, whether it is a sudden trauma injury or a long-term occupational disease, have the right to medical benefits, lost wage replacement, and other benefits. But this right, like so many others, is constantly under fire. To many employers, workers’ compensation is not an employee welfare program but an unnecessary cost. Therefore, they vigorously dispute these claims. If they can prevent sick or injured workers from filing claims, that is even better, at least according to employers.
Deep down, most employers only care about their bottom lines. In stark contrast, the workers’ compensation retaliation lawyers at HKM only care about you. If you were injured on the job in New Jersey and filed a workers’ compensation claim, or even attempted to file one, and your employer punished you for doing so, you may have a valid retaliation claim. The New Jersey Workers’ Compensation Act and other anti-retaliation laws strictly prohibit this practice. A knowledgeable attorney works hard to ensure that your rights are enforced and you receive the justice and compensation you deserve.
What is Retaliation for Filing a Workers’ Compensation Claim?
In New Jersey, retaliation for filing a workers’ compensation claim is any employer’s adverse action against workers who filed, attempted to file, or testified in workers’ comp proceedings. Under N.J.S.A. 34:15-39.1, your employer may not legally retaliate against you for pursuing workers’ compensation benefits.
Retaliation is not just firing. It can include any adverse action connected to the aforementioned protected behavior, such as:
- Wrongful termination shortly after filing a claim,
- Demotion or removal from assignments,
- Reduced hours or pay cuts,
- Hostile treatment or micromanagement,
- Denying promotions or training opportunities,
- Excluding you from workplace activities, and
- Unfair disciplinary action after your claim.
These actions, especially when they follow your workers’ compensation claim, can form the basis of a retaliation case.
Your Rights Under New Jersey Law
Workers’ compensation benefits help injured workers get back on the job as quickly as possible. So, to protect this important right, New Jersey workers’ compensation law and general employment protections are substantial.
You cannot be fired or disciplined for filing or attempting to file a workers’ compensation claim. Retaliation is unlawful even if you have not yet submitted a formal claim, as long as you put your employer on notice and take steps toward filing. Retaliation is also illegal if your claim is later denied, at least in most cases.
It is illegal for employers to discourage or obstruct your pursuit of benefits. Employers sometimes try to disguise retaliation as unrelated disciplinary action. A skilled attorney will investigate your situation and help determine whether your employer’s explanation is legitimate or merely a pretext for illegal retaliation.
Why You Need an Attorney
Proving retaliation after a workers’ compensation claim can be legally complex. Here’s how an experienced attorney helps:
- Evaluate Your Claim: Causation (a link between the protected activity and retaliation) is often the most important part of claim evaluation. If causation evidence is strong, a favorable outcome is within reach. Furthermore, an attorney can distinguish between legal employer decisions and unlawful retaliation.
- Handle Administrative and Legal Processes: Attorneys handle these claims from start to finish, which is important for workers who are often struggling with both serious physical injuries and the sting of undeserved and illegal adverse action. Paterson, NJ workers’ comp retaliation lawyers file retaliation claims or wrongful termination claims, prepare evidence and documentation, negotiate with your employer or defense counsel, and represent you in court if necessary.
- Maximize Compensation: Damages in retaliation cases can include back pay and lost benefits, front pay if reinstatement isn’t possible or practical, compensation for emotional distress, punitive damages, where appropriate, legal fees, and costs.
In many cases, retaliation claims are resolved through settlement or trial, depending on the strength of your case.
Steps to Take if You Believe You are Being Retaliated Against
An attorney is a vital partner in a workers’ comp retaliation claim. But retaliation victims have the power to strengthen their cases on their own.
Document Everything
Keep all written or electronic records of injury notice and filing communication, dates of adverse actions. performance reviews before and after your claim, and emails, texts, supervisor comments, and witness details.
Documentation strengthens your case and helps attorneys connect the behavior to your claim (causation). Additionally, gathering this documentation in advance makes the remainder of the lawsuit or administrative proceeding easier to manage for a Paterson, NJ workers’ comp retaliation lawyer.
Report Issues in Writing
If you face retaliation, put your concerns in writing to HR or your employer. This simple act establishes a record of ongoing retaliation.
Furthermore, this action gives an employer the chance to voluntarily do the right thing before the matter escalates, thus avoiding expensive and time-consuming legal action.
Consult an Attorney Early
Above all, do not wait until you are fired or advantages are lost. Early legal guidance can preserve your rights and prevent further harm.
What to Expect in a Retaliation Case
Retaliation victims have the burden of proof in these matters to establish that they took protected action, the employer retaliated, and that retaliation did not have a neutral purpose. So, when building a retaliation case after a workers’ comp claim, attorneys look closely at:
- The timing between filing a claim and adverse action,
- Whether the employer can provide a legitimate, non-retaliatory reason,
- Evidence of discriminatory treatment compared to other employees, and
- Pretextual explanations for the employer’s actions.
Cases may resolve through settlement negotiations or trial. Your lawyer will aim to maximize compensation while minimizing stress and uncertainty.
Retaliation for filing a workers’ compensation claim is illegal in New Jersey. Employers cannot punish or disadvantage you simply because you exercised your right to seek medical benefits after a workplace injury. Don’t take it lying down.
Count on a Diligent Passaic County Lawyer
Courts and administrative agencies must balance the interests of employers and employees in many cases. For a confidential consultation with an experienced retaliation lawyer in Paterson, contact HKM Employment Attorneys LLP. Virtual, home, and after-hours visits are available.
