Experiencing an injury on the job can be devastating. Losing the ability to work, even temporary can be difficult to handle, especially financially. Workers’ Compensation is an insurance that employers provide to their employees to ensure that they will not be sued for the injury. Depending on the injury, you could experience an inability to continue working in that type of position forever or you could be facing a minor injury that is just enough to affect your work in a minor way. Even though employers offer workers’ compensation to their employees for the on-the-job injuries, they may be very difficult to work with or continue working with after the injury and treatment. Having to dish out money to pay for your injury can make many employers angry solely because they lose money, not only the funds paid through the insurance, but also the money from no longer having you to do your job for that certain amount of time.
In New Jersey, the workers’ compensation law prohibits retaliation against someone for pursuing his or her rights under the insurance. If an employer retaliates against you for filing a claim of workers’ compensation, you are entitled to more compensation for the retaliation. Dealing with the injury is already traumatic, but facing reprisal for trying to look out for yourself and using the insurance your worker provides for you is completely unfair. Retaliation can include failing to promote, harassment, yelling, screaming, demotion, and termination.
Even worse, if you were injured because of an unsafe work practice that you complained about or trying to acknowledge being unsafe or unlawful, the employer may retaliate against you because you caused them even more problems. This is known as a whistleblower claim, meaning that you blew the whistle or reported the unsafe or unlawful conduct occurring. To qualify for this claim, it must be established that you objected to and mentioned to your supervisor that such conduct was reasonably believed to be unlawful or unsafe. Only after nothing is done about the unsafe or unlawful conduct should you go and report it to the relevant agency or department. Sometimes employers angrily deal with the consequences of their allowing unsafe or unlawful activity to continue, that they retaliate against you.
Retaliation either from being a whistleblower or from utilizing your company’s workers’ compensation insurance is not acceptable and you can file a claim against your employer. You should not be punished for protecting yourself and making sure your other employees are safe. If you are facing retaliation to discrimination claims, call an experienced attorney to help you fight back against the injustice. Call the Law Office of David H. Kaplan today for a free consultation at (973) 426-0021.