So you’ve been hurt on the job and you’ve filed an application for workers’ compensation benefits. If your injury isn’t permanent, you may be looking forward to returning to work, but fear that your position will be filled in your absence. Can you protect your job? What can you do to ensure that you’ll have a job to return to when you’re healthy?

As a matter of law in New Jersey, your employer cannot terminate you because you’ve filed a workers’ compensation claim. In fact, your employer cannot discriminate against you in any way because of your claim. So you can’t be denied benefits that workers in similar jobs receive, can’t be denied a raise or a promotion, or given undesirable assignments as punishment for filing a workers’ compensation claim. Obviously, it can be difficult to prove some of these things, but if you can, you will have a claim for discrimination against your employer.

You also have rights under the Family and Medical Leave Act (FMLA), a federal statute that protects workers. The FMLA allows you to take up to 12 weeks off (without pay) for legitimate medical reasons without the risk of losing your job. If your employer must fill the position in your absence, you are entitled to your job or a similar position when you return to work.

If you belong to a union, you should also check with union officials regarding the protection of your job. Most union agreements include provisions guaranteeing the right to return to the same or a similar position after a legitimate medical leave.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.