Workplace injuries are unfortunately common, but most people that are injured at work can pursue workers’ compensation benefits from their employer. While employees who file workers’ compensation claims are within their rights, some employers perceive such claims as a slight and will take retaliatory action against the employee. Terminating an employee due to a workplace injury is unlawful, though, and employees who are unjustly fired may be owed damages. Recently, a New Jersey court discussed what a plaintiff must allege to proceed on a retaliatory firing claim. If you lost your job after being hurt at work, you may be owed compensation and should speak to a skilled New Jersey workers’ compensation attorney about your options.
Factual Background of the Case
It is alleged that the plaintiff suffered multiple work-related injuries while he was employed by the defendant. The injuries occurred in the summer and fall of 2008 and 2011. The plaintiff received workers’ compensation medical benefits for his injuries through April 2014, when it was determined that he could return to his job without any restrictions. The plaintiff returned to work full duty in May 2014. He was fired in July 2015.
Reportedly, the plaintiff asserted that the cause of his termination was due to him being absent due to work-related injuries. He filed a lawsuit against the defendant, alleging he was fired in violation of the New Jersey Workers’ Compensation Act. The defendant moved to dismiss the plaintiff’s claims, arguing the plaintiff failed to demonstrate a causal link between his firing and his injury. Continue Reading ›