• Free Consultations Available
  • Call 732-702-0333 Today
  • Se habla Español

DO I HAVE A RIGHT TO GET MY JOB BACK AFTER A WORKERS' COMPENSATION CLAIM?

MUST MY EMPLOYER KEEP MY JOB OPEN FOR ME?

Job-Back-after-a-Workers-Compensation.jpg

One of the biggest concerns many injured workers have, when contemplating whether or not to file for workers' compensation benefits, is whether the job will still be there when they have recovered from their injuries. If they're off work for any significant period of time, the company may need to fill their spot. Can they reclaim that job when they are healthy again? For that matter, can their employer terminate them simply because they filed a workers' compensation claim?

New Jersey law is very clear that an employer may not fire a worker solely in retaliation for the filing of a workers' compensation claim. Unfortunately, that can be difficult (but not impossible) to prove. That's because New Jersey, like most states, considers employment to be "at will." That means that either party to an employment relationship may terminate the employment at any time, for any reason, as long as it's not contrary to written agreement, law or public policy. Though the workers' compensation specifically prohibit termination for filing a valid work comp claim, the employer may cite other, potentially permissible reasons. In most instances, the burden will be on the worker to provide sufficient evidence that the discharge was retaliatory.

Unfortunately, apart from the prohibition from firing you in retaliation for filing a workers' compensation claim, there's nothing in the workers' compensation laws that requires your employer to hold your job for you. There are, however, some other avenues you may pursue:

  • Under the Family and Medical Leave Act (FMLA), you can protect your job for up to twelve weeks if you need to take time off for medical reasons. It is, however, unpaid leave, though you can used accrued sick time and vacation, if necessary.
  • Your job may be protected by a union contract-if you are a member of a union and work in a union shop, check to find out.

CONTACT MALLON & TRANGER

We offer a free initial consultation to individuals in New Jersey who have suffered an injury on the job. To set up a meeting, contact us online or call us at 732-702-0333  (toll free) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

No Comments

Leave a comment
Comment Information

Each and every case that we take gets our full attention. When you hire us, you know you have experienced
attorneys doing everything we can to put you and your case in the best possible position for a positive resolution.

Email Us For A Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Freehold map image
Toms River map image
Point Pleasant map image

Freehold
86 Court Street
Freehold, NJ 07728

Phone: 732-702-0333
Fax: 732-780-5002
Freehold Law Office Map

Point Pleasant
3247 Route 88
Point Pleasant, NJ 08742

Phone: 732-702-0333
Fax: 732-780-5002
Map & Directions

Toms River
250 Washington Street
Toms River, NJ 08753

Phone: 732-702-0333
Fax: 732-780-5002
Map & Directions