Can my employer terminate my employment while I am out of work due to an injury and receiving workers’ compensation?

It is illegal for your employer to terminate your employment while you are out of work due to an injury and receiving workers’ compensation. Your employer is legally forbidden from retaliating against you for seeking workers’ compensation benefits. If you think you were terminated in retaliation for filing a workers’ compensation claim or due to your disability, you may file a grievance against your prior employer with the New Jersey Division of Workers’ Compensation.

In the event you are successful, under the law, your job must be restored, as well as payment of lost earnings. However, you have to be available, and possess the ability to carry out your job responsibilities.

Additionally, you may be able to file a claim pursuant to the Americans with Disabilities Act (ADA) or a claim under the Conscientious Employee Protection Act (CEPA) or “whistleblower.”