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Can my employer fire me for filing a worker’s compensation claim?

Workers’ compensation provides medical benefits and wage compensation to employees who suffer a work-related injury or illness. Under the New Jersey Workers’ Compensation Law, filing a workers’ compensation claim with the state’s Division of Workers’ Compensation is the only remedy to receive financial coverage for medical bills and missed work due to the injury or illness.

Because New Jersey law requires employees to file for worker’s compensation to recover for a work-related harm, the law protects employees after they file or participate in a claim. Employers may become upset or resentful against employees who file workers’ compensation claims. In response, they may begin to mistreat such employees in a targeted manner. This behavior is known as employer retaliation and includes

  • Discharge from employment
  • Demotion
  • Harassment
  • Verbal or physical abuse
  • Wage or salary reduction
  • Elimination of benefits and bonuses
  • Relocation or reassignment

As an at-will employment state, New Jersey employers can fire their employees for any reason or no reason at all. An employer may also terminate the job of an employee who violates the terms of an employment contract. However, it is illegal for an employer to fire an employee solely because they filed a workers’ compensation claim.

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Meet our Attorneys

The highly competent lawyers at Petrillo and Goldberg represent clients with personal injury claims, workers compensation claims, slip-and-fall cases and automobile accident victims. We work for you, and take our job of getting the best possible results for you seriously.

Scott M. Goldberg


Steven Petrillo


Scott D. Schulman


Jeff Thiel