The Workers’ Compensation statute, NJSA 34:15-39.1 only prohibits the termination of an employee in retaliation for filing a workers compensation claim or for testifying at a workers’ compensation hearing. If you feel you were terminated for these reasons, one alternative is the filing of a discrimination complaint against your employer with the Division of Workers’ Compensation. While the provisions of the law provide for restoration to your former position and payment of lost wages, you must be able to perform the essential duties of that position to avail yourself of any remedy under this portion of the statute. The applicable procedural rules may be found in the Rules of the Division of Workers’ Compensation, N.J.A.C. 12:235 – 9.1 et seq.
If your employer’s actions are not based upon your efforts to secure workers’ compensation benefits for yourself or others, but because of your disabling condition, you may have recourse to claim a violation of the Americans with Disabilities Act (ADA). We can assist in helping you find an attorney to represent you if that should occur.