Can my employer fire me if I file a workers’ comp claim after catching COVID-19 at work?

One of the most common reasons employees do not file for workers’ compensation benefits – even though they may qualify – is fear that their employer will retaliate against them for filing a claim. However, employers are not allowed to fire an employee in retaliation for an employee bringing a workers’ compensation claim.

New Jersey is an “at-will” employment state, meaning employers can fire an employee for any reason or no reason at all. Initially, this may seem like an employer can fire an employee who makes a workers’ comp claim. However, this arrangement assumes that the employer’s reason for firing an employee is a legal one. In the case of an employee who files a workers’ compensation claim, the law clearly states that employers cannot take any action against an employee because the employee brought a workers’ compensation claim, even if the claim is ultimately denied.

Other COVID-19 Work-Related FAQs:

• Can My Employer Fire Me If I File a Workers’ Comp Claim After Catching COVID-19 at Work?
• Does Workers’ Compensation Cover a COVID-19 Diagnosis?
• How Can An Essential Worker Prove That They Caught COVID-19 at Work?
• What Should I Do If I Think I Caught COVID-19 at Work?