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Workers’ compensation and discrimination

On Behalf of | May 5, 2021 | Workers' Compensation |

If you recently sustained an injury while working, you need to explore all of the resources that can help you recover from the accident. Many injured workers benefit from workers’ compensation, but there are different concerns you need to consider before applying. For example, some people cannot receive benefits because they fail to fill out their application properly, while others worry about discrimination.

If you experience unlawful discrimination or retaliation as a result of pursuing benefits that you deserve, do not remain silent.

Can employers discriminate against workers who file for workers’ comp?

According to the Department of Labor and Workforce Development, it is against the law for New Jersey employers to discriminate against staff members (such as terminating an employee’s position) due to receiving or attempting to pursue workers’ comp benefits. Moreover, employers cannot discriminate against workers because they testify in a workers’ comp case.

How should employees address workers’ comp discrimination?

Under the workers’ compensation law in New Jersey, employers cannot discriminate against staff members due to workers’ comp. If you believe you experienced discrimination due to workers’ comp, you can file a complaint or take your case to court. In fact, some victims of discrimination (such as those experience discrimination as a result of their disability) can address the matter by taking action with the U.S. Equal Employment Opportunity Commission.

Regardless of the way in which you address discrimination, those who violate the rights of employees must answer for their actions. Moreover, you should not let concerns regarding retaliation (such as losing your job) prevent you from pursuing benefits from workers’ comp that you are counting on.