Employees who are injured on the job may file a New Jersey workers compensation claim. The workers compensation law generally acts as a bar to direct lawsuits against employers for personal injuries.
Unfortunately, employers sometimes can hold a grudge against an employee for getting injured on the job and applying for New Jersey workers compensation. Employers can then attempt to retaliate against employees for filing a New Jersey workers compensation claim.
Because it is recognized that employers can sometimes hold a grudge against employees, it has been made against the law for an employer to engage in workers compensation retaliation. If an employer retaliates against an employee for filing a New Jersey workers compensation claim, the employer could be subject to damages.
As with other forms of retaliation under New Jersey’s discrimination law and New Jersey’s whistleblower law, an employee must prove that he or she was retaliated against for taking workers compensation leave.
There must be an adverse employment action. The strongest cases involve clear adverse employment actions. Adverse employment actions are changes to the terms and conditions of employment.
The most drastic adverse employment action is job termination. However, other actions will also qualify. These include job suspension, discipline, or demotion. Severe or frequent harassment can also constitute an adverse employment action. Sometimes, a workplace becomes so hostile that it forces an employee to resign or to be constructively terminated.
Mr. Wronko is an experienced NJ workers compensation attorney. In Jersey City, Hudson County, New Jersey, Mr. Wronko obtained a $265,000 result in a case, which involved, in part, workers compensation retaliation. If you would like an initial telephone consultation on a workers compensation retaliation claim, please call (973) 360-1001.