What Counts as Workers’ Comp Retaliation in New Jersey?

Following a workplace injury, you might expect your employer to help you navigate the workers’ compensation process. What some workers experience instead is pressure, subtle or outright, to stay quiet or avoid filing a claim altogether. This is something New Jersey law specifically prohibits, and the protections available to workers who face this kind of pressure are stronger than most people realize. Understanding these rights is essential to secure the benefits you need. Please continue reading to learn how to handle this situation and how our experienced Hudson County Workers’ Compensation Lawyers can help you navigate these difficult times. 

Can Your Employer Legally Stop You From Filing a Claim? 

No, under N.J.S.A. 34:15-39.1, it is illegal for an employer to fire, discriminate against, or penalize you for seeking workers’ compensation benefits. New Jersey law allows you to file a civil lawsuit for damages if you are retaliated against, extending beyond what the workers’ compensation system typically covers. 

Is a Formal Claim Required for Protection? 

No, you don’t need to have already filed a formal petition to be protected. Simply notifying your employer of an injury or asking about medical coverage constitutes an “attempt to claim” benefits. If you are pressured after reporting an injury but before filing a formal claim, you still have legal recourse against retaliation. 

What Actions Count as Illegal Retaliation? 

Retaliation takes many forms beyond just firing. Prohibited actions include: 

• Termination: Letting you go shortly after your injury or claim report. 
• Adverse Employment Changes: Unjustly demoting you, cutting your hours, or reducing your pay. 
• Disciplinary Actions: Issuing unfair warnings or discipline you didn’t receive previously. 
• Hostile Environment: Creating a toxic or difficult workplace after you assert your rights. 
• Obstruction: Discouraging you from filing or requiring you to sign policies that waive your right to report injuries. 

What Is the Best Way to Handle Employer Pressure?

Dealing with workplace pressure after an injury is incredibly stressful, but knowing how to push back is crucial to secure the care you need and deserve. You should consider taking the following steps:

• Submit a Written Report: Ensure there is an email or document timestamped as notice of your injury. 
• Log Incidents: Record dates, times, details of conversations, and witness names regarding any pressure. 
• Secure Evidence: Save texts, emails, or company policies related to the pressure or your injury. 
• Avoid Signing: Never sign documents that waive your rights or acknowledge fault without attorney review. 
• Stay Employed: Avoid quitting, as leaving voluntarily complicates your retaliation claim. 

A qualified attorney can help you document these events, ensure you adhere to strict filing timelines, and aggressively safeguard your interests. 

Is There a Specific Deadline to File?

Yes. Generally, you have a two-year statute of limitations from the date of the retaliatory act. Failing to meet this window can bar you from recovery. Keep reading for more information on your rights and how an attorney can help you navigate your options. 

If your employer is pressuring you not to file a workers’ compensation claim, contact Lerner, Piermont, Riverol & Lawlor, P.A. today to schedule a free consultation. Our legal team is prepared ot help you fight back.