Workers’ Compensation Claims and Employer Retaliation: What You Should Know

Suffering an injury at work can be a traumatic experience—and not just because of the physical pain it causes or the overall effect it has on your quality of life. Depending on the seriousness of the injury, your entire life can be thrown into upheaval. This has consequences for you and your family.

On top of that, if you feel you have sustained a work injury and need to file a claim, you shouldn’t have to predict how your employer will react. Maybe you’ve heard stories about people being let go or otherwise discriminated against after they filed a workers’ comp claim. Understandably, many injured workers worry about such an outcome. You shouldn’t have to.

Our team of retaliatory termination attorneys in South Jersey handles these types of cases every day, and we are your source of information regarding workers’ compensation retaliation.

If you didn’t know, New Jersey workers’ compensation law prohibits employers from retaliating against employees because they have filed a workers’ compensation claim or testified in a workers’ compensation case.

You can pursue subsequent legal action and possibly recoup damages if you’re able to prove that:

You were eligible for workers’ comp benefits.
You filed a claim following the proper procedure.
As a result, you faced adverse action in the workplace, such as a termination or a demotion.

Here’s a brief guide to follow if you think you might have a workers’ comp retaliation case.

What to Do if You’ve Been Injured at Work and Retaliated Against for Filing a Claim

First, always report the accident and injury to your employer as soon as possible. In Pennsylvania and New Jersey, you can be required to receive medical treatment with a provider designated by your employer. Keep a record of your workers’ compensation claim, your medical treatments, and all correspondence from your employer and medical providers. Keep all of your appointments with your medical providers, and keep your employer in the loop. This will be helpful in the event that you believe your employer is retaliating against you.

Your attorney will help you determine how to move forward, should a workers’ compensation claim be warranted. Again, the law protects you from retaliation, and you shouldn’t fear going after the benefits you deserve.

What to Do if Your Employer Retaliates

In an employer retaliation case, you must prove that your employer took adverse or retaliatory action against you because of your workers’ compensation claim. This is not always easy. At The Law Firm of Morgan Rooks, PC, we’ve built a successful practice standing up for employees, and we know how to collect and present the necessary evidence to secure a fair settlement.

As leading work sexual harassment attorneys in South Jersey, we have extensive experience identifying unlawful discrimination and advocating on behalf of victims throughout the region.