Can I Be Fired for Filing a Workers’ Compensation Claim in New Jersey?

If you’re hurt at work in New Jersey, filing a workers’ compensation claim protects your health, income, and future. But many workers hesitate—afraid their employer might retaliate or fire them. The truth? State law protects your right to file a claim, even if your employer doesn’t like it. At Pellettieri Rabstein & Altman, we help injured workers stand up for their rights—and hold employers accountable when they cross the line.

Workers’ Compensation Disability Benefits

Workers in New Jersey maintain legal protection from employer retaliation when they exercise their right to seek compensation after workplace injuries. The law provides no guarantee that some employers will refrain from attempting to circumvent their legal obligations.

At Pellettieri Rabstein & Altman, we have assisted numerous New Jersey workers in understanding their rights and in dealing with the system while fighting back when employers go beyond their legal limits. This article explains workers’ compensation laws, shows different types of retaliation , and explains what steps to take if you believe your workplace termination resulted from filing a workers’ compensation claim.

All New Jersey employees who suffer workplace injuries or illnesses qualify for workers’ compensation benefits under the state’s system. These benefits include:

Medical treatment
Temporary disability payments
Permanent partial or total disability payments
Death benefits for surviving family members (in fatal cases)

The legal right to file workers’ compensation claims is protected by N.J.S.A. 34:15-39.1, which makes it unlawful for employers to fire or discriminate against employees who pursue or try to pursue claims. Your employer faces legal consequences when it takes negative actions against you after you start a workers’ compensation claim.

Common Forms of Workers’ Comp Retaliation

The act of retaliation may not always result in immediate termination of employment. Sometimes it’s more subtle. Other times, it’s swift and obvious. The following examples demonstrate how employers typically retaliate against their employees:

Your employer moves you to a different role with reduced status.
Your employer decreases your working hours or reduces your compensation amount.
Your access to important meetings and projects that you used to lead is restricted.
Supervisors or coworkers begin treating you differently, and your performance receives sudden negative evaluations despite previous good performance.
The workplace behavior directed toward you changes after your workplace injury, as supervisors and coworkers start treating you differently.
The employer attempts to stop you from filing a claim while forcing you to work before your doctor clears you for return to duty.

At PR&A Law, we recognize these events and will guide you through your workers’ comp claim.

Can My Employer Fire Me While I’m on Workers’ Comp?

Technically, yes – but only under very limited circumstances.

Filing for New Jersey Workers’ Compensation Disability Benefits

The employment laws of New Jersey permit employers to end employee contracts for any reason that follows existing legal standards. The termination of employees can happen through layoffs and restructuring, and performance-related problems. Your injury, along with your claim filing and resulting work limitations, do not constitute valid reasons for termination.

Your employer needs to demonstrate that your termination reason was separate from your workplace accident or compensation claim. Employers must not discharge workers because they receive workers’ compensation benefits or because their insurance premiums might increase.

Your employer maintains no obligation to preserve your employment position throughout your recovery period. Your employer can terminate your employment lawfully when your injury blocks your return to your original role, and New Jersey Law Against Discrimination (LAD) accommodations remain unfeasible. Employers lack the authority to retaliate against employees when the basis for termination involves either a workers’ compensation claim or workplace injury.

Proving Retaliation for Filing a Workers’ Comp Claim

A successful retaliation claim requires proof of these essential elements.

You engaged in a protected activity. Filing a workers’ compensation claim qualifies.
You experienced an adverse employment action. Termination stands among several forms of adverse actions, which also include demotion and pay reductions, and other negative changes.

A connection between your protected action and adverse treatment can be proven by examining the timing of events (such as post-claim termination or delayed changes in treatment) or documenting specific employer or HR statements about your actions.

The presence of concrete evidence is not required, yet documentation serves as a beneficial tool for your case. Your case benefits from documentation that includes performance reviews along with witness statements and emails. The legal team at PR&A will assist you with evidence collection and presentation if you suspect your employer has retaliated against you.

Compensation for Workers’ Comp Retaliation in NJ

Your legal claim for workers’ compensation retaliation compensation will result in substantial payments, including:

Reinstatement to your previous position (if desired)
Back pay for lost wages during the time you were unemployed.
Front pay if reinstatement isn’t possible.
Compensation for emotional distress.
The legal fees and court expenses for your case will be covered by the available funds.

Your workers’ compensation benefits will remain active even though you continue working at your current job.

Disability Discrimination Claims After a Workplace Injury

Your injury potentially creates a disability that meets the standards of both the Americans with Disabilities Act (ADA) and New Jersey’s Law Against Discrimination (LAD). Legal protections under these laws become applicable when your employer denies accommodations for your disability or uses your condition as grounds for termination.

Your situation qualifies for disability discrimination and workers’ comp retaliation lawsuits when your doctor grants light-duty work permission, yet your employer declines to honor these limitations and subsequently fires you.

Facing Harassment After Filing for Workers’ Comp?

Even if you haven’t been terminated, you still have rights. Your claim filing gives you protection against unfair treatment from both your employer and coworkers who might create a hostile work environment or retaliate against you.

Document every instance of harassment and contact a workers compensation lawyer immediately if you experience threatening comments and isolation from your team, and pressure to drop your claim.

The New Jersey law sets specific deadlines to file retaliation claims. The law provides two years starting from the date when retaliation occurred. Your failure to submit the claim within the deadline period will result in the loss of your right to pursue legal action.

That’s why it’s so important to act quickly. Our attorneys at Pellettieri Rabstein & Altman can help you assess your situation, explain your options, and take swift action to protect your job and your benefits.

Why Choose Pellettieri Rabstein & Altman

Pellettieri Rabstein & Altman stands up for injured workers throughout New Jersey with its 90-year history and excellent reputation for defending employee rights.

We’ll help you:

Understand how New Jersey workers’ compensation laws protect you.
Collect the necessary evidence that demonstrates retaliation.
File claims and lawsuits to defend your job security and benefits.
Negotiate for obtaining fair compensation will be handled by our team for the losses you have experienced.

You should not face this experience by yourself. We’re here to fight for you.

Schedule a Free Consultation Today

Do not delay if you believe your workers’ compensation claim caused your termination or demotion, or any form of harassment. Schedule a free and confidential consultation with Pellettieri Rabstein & Altman to get started.

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