Wrongful Termination During Workers' Comp - Disability Leave

Being hurt or injured on the job can have aleave:
profound effect on your life and the lives of your- The NJSA 34:15-39.1 statue prohibits the
family members. Not only can you incur high coststermination of an employee in retaliation for filing a
due to medical expenses, you also might fear lostworkers' compensation claim or testifying at a
wages due to missed work. However, imagine ifhearing of that nature.
you were then subsequently terminated from- If you believe you were fired because of the
your place of employment while on disabilityabove reasons, you have the right to file a
workers' compensation leave. Now, not only arediscrimination complaint.
you recovering from an injury, but you must also- The law provides for restoration of your former
find a new job and continue providing for yourjob and payment of any lost wages, providing
spouse and children. This is understandablyyou can still perform the duties of that job.
devastating and luckily, the law protects you from- If your termination was based on your disabling
this type of event from occurring.condition, you also may be able to file a claim
It is important determine the reason forunder the Americans with Disabilities Act. If you
termination in order to bring this type of incidentbelieve you were wrongfully terminated, you
to court. The law protects you from being fireddeserve to be represented in a court of law for
because you were injured, but it may not protectyour case. The best way to bring justice to your
you if you were fired while you were injured. Thisclaim is with the help of an experienced attorney.
contradiction can be confusing in the eyes ofNo one deserves to be terminated because of an
average citizens, so the help of an experiencedinjury or illness that they sustained due to the job
attorney is necessary in navigating theitself. Not only is this illegal, it is unethical. In order
often-complicated legal landscape.to present your case in the best light and
According to the New Jersey Department ofpotentially receive the compensation to which you
Labor and Workforce Development, the followingare entitled, you should employ the help of a
guidelines apply to termination during disabilitylawyer right away.