In New Jersey, employers can legally fire workers after suffering a workplace injury, but your disability status can make these actions illegal. If you can no longer perform work duties at the standard you once met due to an injury, your employer can fire you without facing any legal repercussions. In fact, an employer can fire you for having an injury or disability and give a different reason to make the termination legal, even if it isn’t true.
If you suffer an injury at work resulting in a disability and your employer fires you, this is discrimination under the New Jersey Law Against Discrimination. Otherwise, those with disabilities must receive reasonable accommodations in the workplace.
Reasonable accommodations for an employee injured at work may range from seating options, more time allocations for tasks, and other accommodations to make working with a disability easier. Your employer may alternatively provide you additional work.
In addition to this, if you file a claim against your employer or for workers’ compensation, New Jersey laws protect you from getting fired, so your employer cannot dismiss you out of retaliation. Filing for workers’ compensation gives you access to the benefits you need to survive without employment, including:
You require a lawyer who knows how to win cases involving injuries at work and has a proven record of doing so. At Simon Sarver Attorneys at Law, we know disability and employment laws like the backs of our hands and can fight for your case. Whether you have suffered a minor injury or are now permanently disabled, we will work hard to improve your situation.
A reliable New Jersey lawyer can dispute your termination if you believe the real reason behind it is your new injury, disability, or the act of filing a workers’ comp claim. Circumstantial evidence is the primary way to prove the reason behind wrongful termination, which can pose a challenge when fighting for your job or proper compensation. You need an attorney who has the skill to identify the sometimes-subtle discriminatory actions your employer takes against you.
Even if you are not involved in the accident, as a witness, you may face termination upon testifying in a workers’ compensation case. Such terminations are illegal and warrant an investigation into employer retaliation to protect your livelihood. Suppose a court rules that your termination was wrongful, but you can still perform your previous work duties. In that case, you will receive adequate compensation that may also result in your position’s restoration.
Getting another job is already difficult when you are injured, and the aftermath of wrongful termination can leave you reeling without the ability to protect yourself and your rights. Having a lawyer who cares about your future is vital to increase your chances of receiving the compensation you desire. The lawyers at Simon, Sarver, Swetz & Jachts can advise you on the following topics related to receiving workers’ compensation and fighting termination after getting injured on the job:
At Simon, Sarver, Swetz & Jachts, LLC, we pride ourselves on successfully defending you against termination after getting injured on the job. When you need effective representation and comprehensive defense strategies, we’re available. Contact us when you need litigation services by calling 973-310-5131.
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