For many New Jersey workers, there is fear that they will face consequences at work for even the smallest transgression. This is common for lower wage workers who might not fully understand the laws and how they are protected from employer mistreatment. However, any worker can be concerned about a negative reaction from their employer for exercising their legal rights.
One of the most common issues that can arise is if a worker is injured or suffers a condition because of their job and they need medical care and need time to recover. In these circumstances, the obvious step is to file for workers’ compensation benefits. There can be reluctance to do so for fear of retaliation. Workers must be aware of what constitutes retaliation in these instances.
Workers must recognize when retaliation might be taking place
According to New Jersey law, there is retaliation if the evidence shows that the worker sought workers’ compensation benefits or claimed them; the employer retaliated against them either before or after they filed the claim; and the workers’ compensation claim and the retaliation were connected.
When a worker suffers any kind of injury or illness, they have the right to seek workers’ compensation benefits. They can have their medical expenses paid for and receive wage coverage. Its duration will hinge on the severity of the injury, how long they are expected to be off work, when they will recover and their long-term prognosis. There are ways the employer can interfere with a worker seeking these benefits.
For example, they can threaten their job, demote them, suspend them or deny them advancement. The worker would need to prove that the adverse employment action was due to the workers’ compensation claim by showing a causal connection. Perhaps the employer said specifically that the reason was due to the claim. The time when the adverse employment action was taken could be unusually close to when the workers’ compensation claim was made.
Proving retaliation can be difficult and help could be needed
Injured workers should not be reluctant to file for workers’ compensation benefits because of an implication or outright statement from their employer that it could jeopardize their standing. Workers need to be aware of their rights from the start to make sure they can receive workers’ compensation and get the care and coverage they need to recover and make ends meet. Having advice from the start can be a key part of a claim.