Can My Employer Fire Me if I Am Unable to Work Because of an Injury and I Am Receiving WC Benefits?
No one chooses to suffer from a workplace injury. Many claimants want to return to their careers, but workers’ compensation laws do not afford Cherry Hill employees the same protections as other federal legal schemes. In certain circumstances, an employer may fire you if you’re unable to work due to a workplace injury. This is true even if you’re receiving qualified workers’ compensation benefits. Whether the termination is legal depends on the nature of your job, injury, and essential work functions.
If you’ve been fired or fear termination after an on-the-job injury, schedule a free and confidential consultation with the Cherry Hill workers’ compensation lawyers at the Law Offices of Matarazzo & Lubcher.
Lawful Reasons for Employee Termination
Workers’ compensation (WC) insurance covers both total and partial workplace disabilities. This means some claimants might be cleared to return to light duty or part-time work, but this doesn’t mean your employer must accommodate this request. If you cannot adequately perform your essential work functions due to an injury or illness, even one sustained at work, your employer may lawfully terminate your employment in most cases.
However, this does not generally impact your right to continue receiving workers’ comp benefits through that employer. You might also qualify for a hiring preference in a different position under NJ law.
Defining Essential Work Functions
To justify terminating an employee due to a workplace injury, the employer must typically show that the employee is unable to perform one or more of his essential job functions. Essential job functions are sometimes described in your offer letter or employee handbook, but they’re more often dictated by your daily tasks. Examples of the most common essential functions include the following:
- Driving
- Arriving at work on time
- Typing and writing
- Sitting for prolonged periods
- Computer use
- Fine motor tasks
Your termination may not be justified if the employer claims that you cannot perform minor tasks not otherwise required for your job, such as lifting heavy water bottles or boxes of copy paper. Experienced workers’ compensation attorneys often work with expert witnesses and materials detailing essential job functions for certain careers, which may help prove your unlawful termination claims.
Unlawful Reasons to Fire Employees Receiving WC in Cherry Hill
An employer cannot terminate your employment in retaliation for filing a workers’ compensation claim or testifying for another employee. Employers are also generally required to show that they attempted to make reasonable accommodations to help you return to work. Examples of reasonable accommodations include allowing you to arrive 20 minutes late because you need to take the train or to permit an additional stretch break to relieve back pain.
If your injury or illness results in a qualifying disability, you may have an unlawful termination claim under the Americans with Disabilities Act (ADA). The ADA applies to nearly all Cherry Hill employers, and a workers’ compensation lawyer might help you determine whether you have an ADA claim or the facts support a veiled retaliation attempt.
Cherry Hill Workers’ Compensation and Unlawful Termination Lawyer
While New Jersey employers may terminate you if you cannot perform your essential job functions due to a workplace injury, they must generally justify terminating employees with valid workers’ compensation claims. Discuss your concerns with the dedicated Cherry Hill WC attorneys at the Law Offices of Matarazzo & Lubcher for free by calling (856) 460-5805 or connecting with us online.