Workers Comp Retaliation Retaliation for filing a workers’ compensation claim
It is unlawful for an employer to retaliate against an employee who gets injured on the job. Know your rights, you are protected from workers comp retaliation.
The New Jersey Workers’ Compensation Act guarantees medical benefits to employees who suffer a workplace injury - regardless of fault. Under the Act, employees are entitled to receive:
- Wage replacement benefits;
- Medical treatment;
- Compensation for permanent injury;
- Death benefits to dependents of workers who have died as a result of their employment; and
- Other benefits.
If you suffered a workplace injury you should immediately notify your employer. Notice does not have to be in writing. The employer must provide you with medical treatment if needed. However, be advised that the employer and/or their insurance provider can send you to a doctor of their choosing.
It is unlawful for an employer to retaliate against an employee who files or intends to file a workers’ compensation claim for an injury suffered on the job. An employee who believes he or she was retaliated against for filing a workers comp claim (or attempting to file a claim) can bring a lawsuit in Superior Court. The employee must generally be able to show that the retaliation was related to the workers comp claim. This can be accomplished by proving that the employer knew of the workplace injury or the employee’s workers comp claim, and fired the employee soon after.
Contact Ms. Trabosh if you have suffered retaliation because you suffered a workplace injury.
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Ms. Trabosh offers a free case evaluation so that you can make an informed decision with regard to your legal action. Please call her today at (856) 673-4141 or contact her online to arrange a free consultation.
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