You may have unfortunately gotten injured while working at your job. This may be to the extent that medical professionals advised you to take some time off, whether it be days, weeks, or even months. This may prompt you to file a workers’ compensation claim for wage replacement during your leave. However, this wage replacement may stop at any moment, should your employer decide to terminate you. With that being said, please read on to discover whether you can get fired while using your workers’ compensation leave and how a seasoned FMLA lawyer in Gloucester County, New Jersey, at The Vigilante Law Firm, P.C., can help protect your employment.
How is FMLA different than workers’ compensation law?
You should know that the Family Medical Leave Act (FMLA) and workers’ compensation are two separate laws that typically overlap. First of all, you may only be covered by FMLA if your employer has 50 or more employees; you have been an employee for more than one year and worked more than 1,250 hours in that year; and you have a serious health condition that lasts at least three days and requires at least one medical visit. Then, you likely have workers’ compensation benefits if you work in New Jersey. This is unless you are covered by another federal program or are classified as an independent contractor.
And so, the FMLA may grant you job protection after you get injured, regardless of whether or not it was while working. On the other hand, workers’ compensation may pay for your medical bills and lost wages incurred from your injuries, specifically if they were work-related.
Can I be fired while taking my workers’ compensation leave?
Notably, the FMLA may allow you to keep your job for up to 12 weeks per year. But once these four months are up, your employer may exercise their right to terminate your employment. This is because, after all, New Jersey is an at-will employment state, and your employer may fire you without providing any explanation. Further, this action may be taken regardless of whether you are actively collecting workers’ compensation benefits at the time.
The only exception here, though, is if you believe your employer fired you for illegal reasons. For example, you may suspect your employer is retaliating against you for reporting your workplace accident and filing for workers’ compensation benefits. Or, they are discriminating against you because your accident caused you to incur a temporary or permanent disability. Per New Jersey law, your employer is supposed to provide you with reasonable accommodations to maintain your employment in this situation.
If you doubt your employer’s motives, you may feel inclined to pursue a wrongful termination or workplace discrimination claim against them. We understand that you must be eager to start this process. So, without further delay, please schedule your initial consultation with one of the competent New Jersey employment lawyers from The Vigilante Law Firm, P.C., today.
