People should not be afraid to seek workers’ compensation in New Jersey. State laws protect employees from retaliation when filing for workers’ compensation, ensuring they have the right to benefits for workplace injuries. Seeking compensation helps cover medical bills and lost wages, supporting recovery without financial stress. Legal help can also simplify the process.
Navigating workers’ compensation claims can be overwhelming, especially when you’re already dealing with a workplace injury. Many people worry about retaliation or feel uncertain about their rights, often avoiding the process altogether.
Without the right support, injured workers risk missing out on essential benefits, leading to financial and emotional strain. This is where Pellettieri Rabstein & Altman can help.
Don’t let fear prevent you from claiming the workers’ compensation benefits you deserve. The experienced team of attorneys at Pellettieri Rabstein & Altman in New Jersey is here to guide you through the process, ensuring you have the support you need for a smooth recovery.
In this article, we explore why you should not be afraid to seek workers’ compensation benefits in New Jersey as well as some things every employee should know about workers’ compensation.
New Jersey Law Protects Employees
New Jersey law (NJ Rev Stat § 34:15-39.1) prohibits employers from firing or discriminating against employees who file for workers’ compensation or testify in related proceedings. Violating employers may face fines of $100–$1,000, up to 60 days in jail, or both. Discriminated employees are entitled to job reinstatement and lost wages, unless they are no longer qualified for their role.
Employees can file a lawsuit if their employer fires them in retaliation for seeking workers’ compensation benefits or testifying in a related case. This type of lawsuit, known as a retaliatory discharge claim, allows the employee to seek reinstatement, lost wages, and potentially additional damages for wrongful termination. Consulting an experienced workers’ compensation attorney can help ensure the employee’s rights are fully protected in these cases.
Things Every Employee Should Know About Workers’ Compensation
1.) In New Jersey, an employer CANNOT retaliate against an injured employee for seeking Workers’ Compensation benefits.
By a law known as the New Jersey Workers’ Compensation Act, you have the right to report your injury to your employer and seek benefits. There are thousands of Workers’ Compensation claims filed every year.
An employer that penalizes or terminates an employee for exercising his or her rights under the law exposes itself to civil and criminal penalties, including fines and possible imprisonment. In addition, the law mandates that an employee who is terminated because of having sought Workers’ Compensation benefits is to have his or her employment restored and is to receive all of the back pay to which he or she would otherwise have been entitled upon restoration to employment.
As a practical matter, we have found that employers virtually never terminate or punish in any way an employee who sought Workers’ Compensation benefits for a job-related injury. Employers know such action is illegal and understand that they will be penalized in the most severe way if they attempt to do so.
2) All New Jersey employers are required to make Workers’ Compensation benefits available to employees.
An employer’s failure to make Workers’ Compensation benefits available can result in severe penalties.
3) Workers’ Compensation benefits are paid by the employer’s insurance company, not the employer itself.
Your employer will not be paying for your benefits out of its pocket when you file a Workers’ Compensation claim. Benefits are paid by the insurance company which provides Workers’ Compensation coverage to the employer.
4) Consult an Attorney
When you have been injured on the job, it is essential that you protect your rights.
Your first step is to speak with an attorney who will help you understand your Workers’ Compensation entitlements. Those entitlements include lost wage replacement benefits if you are unable to work because of your injury. You are also entitled to medical treatment, paid by your employer’s insurance company. And, you can receive permanent disability benefits for the pain and loss of functioning you have suffered.
Your meeting with your PR&A attorney is strictly confidential.
The attorney cannot charge you a fee for the consultation or for any work that is done on your behalf in your case. The Judge of Compensation will assess a counsel fee at the end of the case that amounts to no more than 20% of the award you receive. In addition, in most cases, the employer’s insurance company will pay most of the fee.
Learn more about our case results and schedule a consultation today.
5.) Don’t let fear silence you.
You should understand that if you do not protect yourself by consulting an attorney after you have been injured on the job, you risk losing your legal rights.
Learn more about: Workers’ Compensation Disability Benefits
