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Workers’ compensation retaliation is unfair and unlawful

At Lieberman, Ryan & Forrest, L.L.C., we know that the process of filing or appealing a workers’ compensation claim, combined with recovering from your injuries, can be daunting. It may be even more discouraging for New Jersey residents who were targeted by abusive or retaliatory acts by their employers after seeking workers’ compensation.

Imagine getting injured on the job, only for your boss to inform you that you are required to use your own medical insurance for all health care related to your injury, and that you will not be paid for any time you take off to recover. Additionally, when you return to work, you are told that you are no longer needed or you were demoted. You might understandably feel as if you were disciplined for seeking workers’ compensation.

Why do some employers discourage their workers from seeking compensation they are entitled to? FindLaw explains that an employer’s insurance premiums may go up after a workers’ compensation claim, so naturally they don’t like it when an employee seeks workers’ compensation. However, this should not deter you from making a claim. Workers’ compensation retaliation is prohibited and considered a form of discrimination.

Your employer may have the right to require you to use your paid leave before workers’ compensation kicks in for any time you take off, and he or she might change your job duties or procedures to make the workplace safer for you and others. These actions may not necessarily be considered discrimination. Our page explains your rights pertaining to a workplace injury.

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