Workplace Injury Retaliation

Were you fired after filing a workers compensation claim? It is a violation of New Jersey law to retaliate against a worker because that employee has filed a claim for workers’ compensation benefits. Workplace injury retaliation in NJ is prohibited by both the workers’ compensation statutes, as well as the New Jersey common law. In cases where an employee has been terminated because of a workers’ compensation injury, even if the employee has been on an extended work-related disability, there are many claims that can be brought by the employee.

In addition to the common law claims (known as Pierce claims after the Supreme Court case that established the cause of action), employees who are terminated due to work-related injuries often have other legal claims as well. For example, the New Jersey Law Against Discrimination requires employers to provide additional leave (beyond the 12 week FMLA leave) as a reasonable accommodation so long as the additional leave does not cause undue hardship to the employer. We work with many workers’ compensation attorneys throughout New Jersey protecting the jobs and rights of injured workers.

Schorr & Associates has had many successful outcomes and victories in workplace injury retaliation and related disability discrimination claims and legal victories in the Federal and Appellate Courts. Alan H. Schorr, a Certified Civil Trial Attorney, also frequently lectures on the interplay between workers’ compensation and discrimination law and has written published articles on the subject. Many of these cases are handled on a contingent fee basis (no fee unless recovery). Please call or e-mail now for a free initial telephone consultation regarding workplace injury retaliation in NJ.