Can I Be Fired for Filing a Workers’ Compensation Claim?
Posted July 8th, 2026.
Categories: Blog.
If you have suffered a work-related injury in New Jersey, you have the right to pursue workers’ compensation benefits. While you may worry that reporting an injury could jeopardize your job, it’s illegalfor an employer to terminate you for exercising your right to file a claim. Unfortunately, some employers attempt to retaliate by disguising termination as “poor performance” or “at-will” employment. If you suspect your job is at stake following an injury, consulting with an experienced Cherry Hill Employment Law Attorney is in your best interest. Please continue reading to learn the best course of action to safeguard your income and your health benefits.
What Are My Legal Rights After a Workplace Injury?
When you are injured on the job in New Jersey, you have the right to receive medical care, wage replacement, and seek legal representation without fear or employer retaliation. Employers cannot discriminate against, fire, or punish an employee who claims necessary workers’ compensation benefits. Workers’ compensation is desgined to safeguard workers. Under N.J.S.A. 34:15-391, employers who unlawfully terminate an employer for seeking workers’ compensation benefits face severe penalties.
It should be noted that “at-will” employment is often misunderstood as a method for employers to fire staff for any reason, or no reason at all, at any time. In reality, “at-will” is not a blanket shield for illegal behavior. Employers cannot use their at-will status to retaliate against you for reporting a workplace injury and seeking benefits.
What Are the Most Common Signs Your Employer is Retailiating?
Many employers use bogus reasons to justify a sudden termination. Commont actics include:
- Undocumented negative performance reviews following the injury
- Claiming a position was suddenly eliminated due to budget cuts
- Hostile treamtnet after reporting the incident
- Sudden demotion or reduction of hours
- Discpliniing an employee for minor infractions that were previously ignored
These excuses are often used to mask illegal reatilatory actions that violate worker’s rights.
What Should I Do If I Fear Retailiation After Repoting an Injruy?
Following a workplace injury, it’s crucial to take proactive steps to safeguard your rights by meticuously documentign every detail related to the accident, including keeping track of medical records, and all correspondence with superviousors. Addiitonally, you must adhere to all medical instructions and shceduled appointments to ensure that your employer has no grounds for termination based on any unathorized actions.
Furthermore, you must maintain a deatield personal log that records the dates and tiems of any hostile interaction or sudden changes in workplace tratemtn that couldsuggest retaliation. This can provide vital evidence if disputes arise down the road.
The Importance of Connecting with a New Jersey Employment Attorney
If you have been let go after filing a workers’ compensation claim, please don’t hesitate to contact a dedicated attorney at the Law Offices of Mark S. Guralnick. Our dedicated legal team is ready to protect your rights and your job. Connect with our firm today to schedule a confidential consultation.
