In New Jersey, employers are required by law to have workers’ compensation insurance. When an employee suffers a work-related injury, an employer’s insurance company is required to pay the employee workers’ compensation benefits as long as their claim is valid. Among other benefits, workers’ compensation pays for the medical expenses related to an employee’s injury and a part of an injured employee’s income losses if they miss work because of their injury.
Unfortunately, many employers are usually unwilling to pay injured employees the benefits to which they are entitled. Many employers do not want to pay injured employees workers’ compensation benefits because when an employer pays out a workers’ compensation claim, it increases the premiums they have to pay. Apart from employers being reluctant to pay injured employees the benefits they are entitled to, some retaliate against employees who file workers’ compensation claims. This article discusses how to handle employer retaliation after a workers’ compensation claim.
Ways Employers Retaliate Against Employees for Filing Workers’ Compensation Claims
Before discussing how to handle employer retaliation after a workers’ compensation claim, you need to understand forms of employer retaliation. It is against the law for an employer to retaliate against you for filing a workers’ compensation claim. However, despite the law prohibiting employers from retaliating against employees for filing workers’ compensation claims, many employers take adverse actions against employees who file workers’ compensation claims. Employers retaliate against employees for filing workers’ compensation claims both directly and indirectly.
The following are some of the ways employers retaliate against employees for filing workers’ compensation claims;
- Reassigning an employee to menial or demeaning work/Demoting an employee
- Refusing to promote a deserving employee
- Giving an injured worker a negative performance review that they do not deserve
- Firing the injured employee
- Unjustly refusing to reasonably accommodate the injured employee
- Transferring the injured employee to an undesirable shift
If you filed a workers’ compensation claim and the employer took any of these actions, you may be entitled to file a retaliation claim against the employer and recover damages.
How to Handle Employer Retaliation After a Workers’ Compensation Claim
It is best that you retain a skilled employment lawyer if an employer has retaliated against you for filing a workers’ compensation claim. Handling a retaliation claim on your own can be a challenge. Proving a connection between the unfair treatment by an employer and your workers’ compensation claim can be challenging if you do not have a lawyer by your side. A qualified lawyer can help you gather evidence that can help you establish a connection between the unfair treatment and your workers’ compensation claim. A skilled employment lawyer can help you gather evidence that can help you establish the following elements that you need to establish if you are to succeed in your retaliation claim;
- You were entitled to file a workers’ compensation claim
- You filed your claim within the required time
- You filed your claim through the correct method
- An adverse action, such as termination or demotion, was taken against you after you filed your claim.
- The adverse action was directly related to the claim you filed
Contact Trabosh Law Firm for a Free Case Evaluation
If an employer has retaliated against you for filing a workers’ compensation claim, contact the Trabosh Law Firm to schedule a consultation and discuss your case with a qualified New Jersey employment lawyer.