Loss of Job While on Workers’ Compensation in New Jersey
NJ law firm protects workers’ rights when they are injured on the job
Getting injured on the job is stressful enough, but that uncomfortable situation becomes dire if you are terminated during your recovery. If you suffer the loss of your job while on workers’ compensation, Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC is prepared to help. For more than 60 years, injured workers in Northern New Jersey have trusted our law firm to fight for their rights. Our knowledgeable attorneys can evaluate the facts of your situation to assess whether the dismissal violates the law.
Can you be fired while on workers’ compensation?
Workers' compensation is not like family leave, where federal law requires your employer to hold your job until you get back. In New Jersey, your employer can legally terminate your employment while you are on workers’ compensation. However, your boss cannot fire you because you filed a workers’ compensation claim.
What happens to your workers’ comp benefits if you lose your job?
Losing your job does not affect your workers’ compensation benefits. If the insurer approved your claim, and you are currently collecting workers’ comp in NJ, you remain entitled to reimbursement for medical treatment and disability benefits. However, your employer might dispute your claim after your termination or try to limit your access to benefits. The insurer might also use this opportunity to pressure you to settle your claim given the financial stress you are facing. You should consult an experienced attorney with knowledge of employment law and workers’ compensation law so that you are not bullied into an unfair resolution.
Wrongful termination while on workers’ compensation in New Jersey
New Jersey law protects workers from retaliation for exercising any protected right, including filing a workers’ compensation claim. Signs of retaliation include suddenly negative performance reviews after filing, sudden disciplinary actions, or inconsistent explanations for your firing. An employment attorney at our firm can evaluate your situation to discern whether you have grounds for a wrongful termination action.
Unemployment benefits after being fired while on workers’ comp
The law does not allow double-dipping. You cannot receive unemployment benefits while you’re unable to perform any job and are collecting disability payments. However, if your doctor clears you for “light duty” or says you can work with restrictions, and your employer chooses not to accommodate you or terminates you, you may become eligible for unemployment benefits. In such cases, you’ll need to demonstrate that you are ready, willing and able to work.
What to do if you lose your job while on workers’ compensation
A wrongful termination lawsuit allows you to recover lost income and other damages, such as mental suffering. A court can even order your employer to reinstate you. To improve your chances in that potential litigation, you should:
- Document everything — Keep detailed records of your injury, medical treatment, correspondence with your employer and the circumstances surrounding your termination.
- Continue medical treatment — Follow your authorized treatment plan and attend all scheduled appointments to keep your benefits active.
- Speak with a qualified attorney — Our team can advocate for appropriate benefits and advise whether you might be entitled to relief in a wrongful termination claim. Resist settling your workers’ compensation matter until you have spoken with an attorney you can trust.
Losing your job while recovering from a work-related injury is difficult. But by quickly consulting a knowledgeable lawyer, you can assert your rights effectively and pursue the appropriate remedies for any legal violations.
Contact a North Jersey lawyer to discuss your termination while receiving workers’ comp
Hollander, Strelzik, Pasculli, Vandenberg, Hontz & Associates, LLC represents employees wrongfully terminated for filing workers’ compensation claims. Please call 973-737-1023 or contact us online to schedule a consultation at our Newton or Succasunna office.
