One of the greatest concerns raised by those initiating a claim in workers’ compensation is whether the employer will take action against you (by terminating your employment) if you continue to fight a compensation claim.
It is against the law for your employer to punish you or terminate your employment on these grounds. This includes having an injury that occurred while you were working of the filing of a workers’ compensation claim. The specific New Jersey law protecting your rights here is N.J. S>A. 34:15-29.1, and this also prohibits for your employer from discriminating against you or harassing you in any way as fallout from your workers’ compensation claim.
If you feel that your job is being threatened or that your employer intends to fire or punish you relative to your accident, reach out to a licensed workers’ compensation attorney. It’s important to remember that that are limits and deadlines with regard to taking action, so the sooner you get assistance, the better shape you’ll be in for both the claims and the trial process (if your case proceeds to that point).
Bear in mind that some individuals are excluded from receiving workers’ compensation benefits. For the most part, casual employees, railroad workers, partners, ship crew members, and independent contractors are not afforded the same protection by workers’ compensation laws. If this doesn’t describe your work situation, it’s likely that your employer is required to have workers’ compensation insurance in the even that an accident on the job happens. New Jersey law specifically outlines that compensable events are those in which the accident arose out of the normal course of employment. Once again, there are exclusions to this. Some examples include self-inflicted harm or accidents where drug or alcohol was a factor.
If you think you have a claim for workers’ compensation, do not hesitate to act. Statute of limitations refers to the time limit for filing a claim, and in New Jersey this time period is 2 years after the accident. Sometimes, rare exceptions are made to this time period. This statute of limitations refers to the claim petition being filed. If you’re approaching the statute period, it’s an ideal time to file your petition and discuss your options with an attorney. Don’t wait until it’s too late. Living with the injuries from a workers’ compensation claim can drastically alter your quality of life.
