Retaliation for Filing Workers' Comp in New Jersey
Whether an employer in New Jersey can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: It is unlawful for an employer to fire or otherwise discriminate against an employee for claiming or attempting to claim workers' compensation benefits, or for testifying or being about to testify in a workers' compensation proceeding. N.J.S.A. 34:15-39.1; NJ Division of Workers' Compensation, Injured Worker Protections
| Retaliation for filing | It is unlawful for an employer to fire or otherwise discriminate against an employee for claiming or attempting to claim workers' compensation benefits, or for testifying or being about to testify in a workers' compensation proceeding. A violating employer can be fined $100 to $1,000 and/or jailed up to 60 days, and the employee must be restored to the job with lost wages, provided the employee is still able to perform the job. The worker can choose to file a discrimination complaint with the Division (investigated by the Office of Special Compensation Funds) or a lawsuit in the Superior Court. |
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| Appealing a denial | A formal claim petition is decided by a Judge of Compensation after pretrial proceedings and, if needed, a trial. The judge's ruling is binding and may be appealed only to the Appellate Division of the Superior Court, under the court rules. |
Where to get help in New Jersey
More New Jersey workers' compensation
- Filing a Workers' Comp Claim in New Jersey
- How Much Workers' Comp Pays in New Jersey
- Workers' Comp Settlements in New Jersey
- Suing Over a Work Injury in New Jersey
- Appealing a Denied Workers' Comp Claim in New Jersey
- All New Jersey workers' compensation rules
FAQ
Can you be fired for filing workers' comp in New Jersey?
It is unlawful for an employer to fire or otherwise discriminate against an employee for claiming or attempting to claim workers' compensation benefits, or for testifying or being about to testify in a workers' compensation proceeding. A violating employer can be fined $100 to $1,000 and/or jailed up to 60 days, and the employee must be restored to the job with lost wages, provided the employee is still able to perform the job. The worker can choose to file a discrimination complaint with the Division (investigated by the Office of Special Compensation Funds) or a lawsuit in the Superior Court.
How do you appeal a denied workers' comp claim in New Jersey?
A formal claim petition is decided by a Judge of Compensation after pretrial proceedings and, if needed, a trial. The judge's ruling is binding and may be appealed only to the Appellate Division of the Superior Court, under the court rules.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.