“Help! My employer is grilling me about statements I gave to the Workers’ Compensation insurer.”
Being out of work because you were injured on the job can be extremely financially burdensome. The fact that you were injured because you were trying to do your job seems doubly unjust. Applying for and receiving Workers’ Compensation benefits can help relieve some of the financial burden. However, some unscrupulous employers will retaliate against an injured worker for seeking Workers’ Compensation benefits. Even if the worker is eventually denied the benefits, some employers will illegally retaliate simply because the worker attempted to obtain benefits.
You May Have a Valid Claim If You Informed Employer of the Intent to Seek Benefits, Even When You Are Denied Benefits.
If you attempted to receive Workers’ Compensation (WC) benefits and your employer retaliated against you, you may have a valid claim for illegal retaliation under the retaliation provision of New Jersey’s WC statute. You may have a valid claim if your employer retaliated after you informed the employer that you intended to seek benefits, or for retaliation even if you were denied benefits.
Compensatory Damages and Economic Damages
Under the New Jersey common law doctrine as it relates to this type of retaliation, you are entitled to compensatory damages for the pain and suffering caused by the employer’s Workers’ Compensation retaliation, and to economic damages where appropriate.
What Does Retaliation Look Like?
Employer retaliation might be in the form of giving you bad performance evaluations, placing you on a Personal Improvement Program (“PIP”), belittling or yelling at you, brow-beating you about statements you gave to the Workers’ Compensation insurer, harassment, i.e., calling you a malingerer, calling you irresponsible or stupid for having the accident, or other acts that create a hostile and intimidating workplace environment.
The retaliation could also be less blatantly emotionally charged. Retaliation could be in the form of a demotion, having your hours reduced, a loss of responsibilities and opportunities for a promotion. It could be a so-called “lay-off” or termination.
DO NOT SIT ON YOUR RIGHTS!
I have successfully represented numerous employees of both public and private employers, who were unfairly retaliated against or terminated was successful in obtaining monetary compensation for them, including top-tier professionals.
If you think your employer is forcing you out or illegally retaliating against you or if you were terminated, you should call me now for a free consultation. I am an experienced, aggressive and compassionate employment law attorney
Do not sit on your rights, or you may lose the right to file your claim.
If you are being subjected to such unlawful workplace retaliation, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept employment law cases from all over New Jersey.
New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients.