Workers' compensation was invented in Germany in the 1800's, spread to other European countries and to the US in the early 1900's. If you have an employment-related injury or occupational disease, preserve your legal rights by consulting with a skilled workers' compensation lawyer.
New Jersey Attorneys Helping Injured Workers
Many people who have been injured at work become overwhelmed with things like the physical pain, medical bills and meeting day-to-day expenses. Understanding the workers' compensation process can seem even more overwhelming. The experienced trial attorneys at Ginsberg & O'Connor, P.C., in Mt. Laurel can help you through the workers' compensation process.
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We are focused on helping injured workers throughout New Jersey obtain the compensation they deserve for their injuries. If your construction or workplace injury resulted from someone else's negligence, carelessness, recklessness or intentional misconduct, you may be able to recover compensation under a "third-party" suit.
In a third-party suit, you may be able to sue the negligent person or a manufacturer of the defective product or machine that caused your injury. In such a case, we can pursue your full and adequate recovery for injuries beyond workers' compensation.
The New Jersey workers' compensation system has specific limitations that do not allow injured employees to sue for more compensation if the benefits do not cover all expenses related to the injury. It typically provides for your medical costs and lost wages, but you should consult with our attorneys to understand the scope of options you have for covering additional costs. Call us toll free at 800-598-3944, or contact us online to schedule a free initial consultation with an experienced trial lawyer at Ginsberg & O'Connor, P.C.
Employer Retaliation against the Workers' Compensation Claimant
Workers' compensation is sometimes viewed as a compromise between employees and employers: workers give up the right to sue for large awards in court in exchange for certain and timely, albeit relatively lower, reimbursement for work-related injuries and illnesses. Employers accept responsibility for these injuries and illnesses even if they are not at fault, but they no longer have to worry about being tied up in court or about potential liability for large verdicts.
Unfortunately, even in this spirit of compromise, sometimes an employer may retaliate against an employee for filing or even talking about filing a workers' compensation claim. In most states, employees have legal rights and remedies in response to such adverse employer actions. If you encounter retaliation from your employer in a workers' compensation matter, an experienced workers' compensation attorney at Ginsberg & O'Connor, P.C. in Mount Laurel, NJ, can advise you of your legal options.
Examples of Retaliation
Most commonly, people think of employer retaliation in the form of retaliatory discharge — unjustly firing an employee for pursuing his or her workers' compensation rights. But improper employer retaliation can also come in other forms short of termination, such as discrimination or harassment in the following ways:
- Undeservedly poor performance review
- Failure to promote
- Adverse wage action
- Isolation or intimidation in the workplace
- Demotion
- Threats of adverse action
- Negative reassignment, reclassification or transfer
- Interference with the workers' compensation claims process
- Refusal to rehire
- Negative action vis-à-vis employment benefits or terms of employment, such as insurance, vacation or scheduling
- Unreasonable increase or decrease in job duties
- Unwarranted disciplinary action
- Undeservedly negative employment references
- Retaliation against a co-employee testifying in support of a claimant or cooperating in the investigation
Legal Remedies for Retaliation
Although a relatively recent development, most states have some legal remedy for employees whose employers have retaliated against them for taking workers' compensation action. Many states have legislatively created legal protections for such employees. These remedies may be available through state agencies and/or in court actions. Even where legislative action has not protected such workers, many states' courts have allowed retaliatory discharge lawsuits for exercising workers' compensation rights. Some states allow both statutory and court-created or common-law remedies; other states may only provide for one or the other. The remedies available vary from state to state, so it is a good idea to consult a lawyer to learn about your particular options.
Even if your state has not recognized these remedies for employer retaliation in the workers' compensation setting, there may be other ways to find legal help.
Justifiable Employer Action
Employers may still legitimately terminate or discipline any employee, regardless of workers' compensation status, as long as the negative action is not a pretext for workers' compensation retaliation and the action does not violate any other employment laws.
Speak to a Workers' Compensation Lawyer
Stand up for yourself if you have been the victim of employer retaliation in response to the exercise of your workers' compensation rights. An attorney from Ginsberg & O'Connor, P.C. in Mount Laurel, NJ, can advise you of the law in your state surrounding workers' compensation retaliation.
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