Q Can I be denied a raise or promotion because I made a workers’ compensation claim?
If you were injured during your job, you may be worried about taking time off and making a workers’ compensation claim if you are being considered for a promotion or believe you would be considered for one in the future. Worse, you could be worried about losing your job. Fortunately, New Jersey law affords workers injured on the job some rights when they must file a workers’ compensation claim.
New Jersey Protects Employees From Retaliation
New Jersey law prohibits employers from retaliating against injured employees. Specifically employers cannot do the following:
- Discharge or otherwise discriminate against an employee who filed for workers’ compensation or attempted to do so.
- Discharge or otherwise discriminate against an employee who testified or is going to testify in a workers’ comp case.
- Fail to promote a worker or fail to give him a raise.
- Demote a employee or place him in a less desirable position.
Your employer is permitted to eliminate your position, but cannot fill your position with another employee. You would still be entitled to workers’ compensation while you are injured if your employer eliminates your position.
You can also protect your job for up to 12 weeks by asking for a medical leave under the Family and Medical Leave Act (FMLA). Keep in mind that your job would not be protected when you return.
If an employer discriminates against a worker, not because he filed for workers’ compensation, but because he is disabled, the injured employee may have a claim against the employer under the Americans with Disabilities Act (ADA).
If you have been injured while on the job, do not let worries about your employer’s retaliation stop you from filing a claim for the workers’ compensation you deserve. Call us at 973-285-1100 to schedule a free consultation where we will explain your rights under workers’ comp laws and how we can help you.