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Workers’ Compensation 101: What If I Get Hurt at Work – Then Get Fired?

Getting injured at work and being unable to maintain your livelihood is the last thing anyone wants, but despite the measures in place to protect workers on the job, millions of Americans suffer some sort of debilitating work-related injury each year.

By immediately seeking legal advice and legal action from an experienced Camden County workers’ compensation attorney, you can stabilize your livelihood after an injury. Previously, we featured some general information about what to do in the event of being hurt. Today, we’ll discuss the course of action you can take in the event of being terminated while out of work for an injury or disability suffered on the job.

What happens if I’m fired while recuperating from a work-related injury?

If you’ve been injured, are not currently working and are fired in the interim, seek out legal recourse immediately. In many cases, your job is legally allowed to fire you after a work injury, even if the injury is not your fault.

Sometimes the worker is entitled to be paid while out of work recovering from an injury, even if they were fired. This is case-by-case sensitive and each case is different. It can depend on if you were fired for cause, or if you were forced to quit. You should know your rights and neither your employer nor their workers’ compensation insurance company will tell you what your rights are. One rule is that if you are hurt at work, under the workers’ compensation doctor’s treatment/care and put on a light duty position, then the workers’ compensation insurance company has to pay you if your job fires you, so long as you are under their doctor’s care and have restrictions.

If you are hurt and workers’ compensation denies your claim, or refuses to give you medical treatment, and then your job fires you, the insurance company will definitely not voluntarily pay you while you are out of work. It is best to get a lawyer immediately. It costs you nothing and you get free immediate legal advice. Do not be in the dark; call us immediately. Do not wait until it is too late.

By law, your employer cannot fire you for filing for workers’ compensation claim. If you suspect that you’ve been fired in retaliation for asserting your right to a workers’ compensation claim, call us. If you get hurt at work, call us immediately. There are normally other benefits you could be entitled to under the law against discrimination, unemployment laws and other laws in addition to workers’ compensation benefits.

Get in touch with the Law Offices of Vincent J. Ciecka. We will review the details of your injury, the circumstances under which it occurred and your employers’ justification for terminating you in order to establish a strong case that pursues the highest settlement possible.

What if I haven’t filed a workers’ compensation claim?

If you are hurt on the job, then file one immediately. If your disability is not work-related, and
if there’s no possibility that you have been fired in retaliation for a workers’ compensation claim, you should still seek legal advice as soon as possible. An attorney will help you determine whether you’ve been discriminated against for your current disability. By filing a claim under the Americans with Disabilities Act, you may be able to regain your employment or settle for compensation in a court of law. It is essential that you contact the Law Offices of Vincent J. Ciecka as soon after learning of your termination as possible so that we can establish the strongest case, backed by documentation and expert witness accounts. Do not let anyone take away your right to work – we can help!

If you are hurt and need help, contact us immediately so we can go to work for you.  We help injured people get compensation and medical treatment so they can get back to health and their daily activities without having to deal with the insurance companies. Contact us today to speak with a NJ workers’ compensation attorney. We will answer all and any questions you have. Don’t wait – you deserve the compensation you’re entitled to for your injury!

Client Spotlight:

“I would recommend this office to anyone. I was greeted right away and put at ease with a great explanation of what was about to transpire. I was continually updated with the status of my case. In the end I received more than twice as much as told to me on the onset. Great people!”William M.