The good news—under New Jersey law, you cannot be terminated solely in retaliation for collecting workers’ compensation benefits. That being said, it can be extremely difficult to prove that you’ve been fired for one reason or another. One of the reasons behind that—New Jersey is what is known as an “at-will” employment state. That means that either an employer or an employee may end the relationship at any time and for any reason, provided it is not contrary to the terms of an employment contract or to law or public policy. An employer can argue that a downturn in the economy or other reasons led to the layoff.
Apart from that limitation, there is nothing in the New Jersey workers’ compensation laws that makes it mandatory that an employer hold a job for an employee who has filed a valid workers’ compensation claim. There are, nonetheless, other ways that you may be able to keep your job:
We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-241-7468. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.