By Eric A. Shore, Founding Attorney

Eric A. Shore has been an injury and disability lawyer for more than 30 years. Last updated: September 2026

I see a version of this story all the time. A worker gets hurt on the job, files for workers‘ compensation, and takes time off to recover. When they come back, they are suddenly written up, put on a performance improvement plan, told there is no light duty available, or let go. Most of them assume their workers’ comp claim takes care of everything. Often it does not.

Is It Legal to Fire Someone for Filing a Workers‘ Comp Claim in New Jersey?

Generally, no. An employer cannot lawfully fire or discriminate against you because you claimed or tried to claim workers’ compensation benefits. If your employer let you go because you filed a claim, that may be unlawful retaliation.

That does not mean every firing after a workplace injury is illegal. New Jersey is generally an at-will employment state, so employers can still let people go for legitimate reasons that have nothing to do with the injury or the claim. The real question is why your employer acted, and when.

What Other Protections Do Injured Workers Have?

A workplace injury that limits what you can do may also count as a disability under the New Jersey Law Against Discrimination. That law generally prohibits disability discrimination and may require your employer to provide a reasonable accommodation. Depending on the circumstances, that could include modified duties, a schedule change, or time away from work, and the law applies to New Jersey employers of any size.

You may also have rights under the federal Family and Medical Leave Act. If you are eligible, the FMLA provides up to 12 weeks of job-protected leave for a serious health condition. Eligibility depends on your employer’s size and how long and

how much you have worked there, and FMLA leave can sometimes run at the same time as workers‘ compensation leave.

What Are Signs Your Employer May Be Retaliating?

Timing is often the biggest clue. Discipline or termination that comes soon after an injury report, a comp claim, or a request for accommodation deserves a closer look. So do sudden write-ups after years of good reviews, a performance plan shortly after you return, being told no light duty exists when other employees have received it, or negative comments from supervisors about your claim.

None of these signs proves a case on its own. Together, they can tell a story.

Does Workers‘ Comp Cover Losing Your Job?

Generally, no. Workers‘ compensation addresses the workplace injury itself, including authorized medical treatment, certain wage-loss benefits while you recover, and potentially permanent disability benefits. Losing your job because of unlawful discrimination or retaliation is a separate harm, and it may be addressed through a separate employment claim.

A recent New Jersey case shows the difference. In Haskins v. Casey, decided by the Appellate Division in September 2026, a worker injured his shoulder on the job and received workers’ compensation benefits. He later alleged that his employer placed him on FMLA leave, denied his request for an accommodation, and fired him after he filed his workers’ compensation claim.

The court ruled that he could not recover damages for the shoulder injury itself through his employment lawsuit, because the alleged discrimination did not cause that injury. The court did not otherwise limit his legally viable employment claims, and it noted that damages such as lost wages and emotional distress may still be available.

The opinion is unpublished, so it does not bind other courts. But the practical point is important: the workplace injury and what the employer allegedly does afterward may involve different harms and different legal claims.

What Should You Do If You Are Hurt at Work and Worried About Your Job?

Protect yourself from the start, because the timeline often matters.

• Do not resign without understanding the consequences. Ǫuitting can make some employment claims harder to prove, so consider getting legal advice before resigning if possible.

• Put important communications in writing, ideally from your personal email. Report the injury, document your workers’ compensation claim, and make any accommodation request supported by your medical restrictions.

• Ask for FMLA paperwork if you need time off.

• Keep copies of your records. Save doctor’s notes, work restrictions, performance reviews, disciplinary notices, emails, and employer responses.

• Write down the dates. Record when you were hurt, when your employer learned about your condition, when you requested an accommodation or leave, when you filed your claim, and when any discipline or termination occurred.

• Check your disability coverage. You may have short-term or long-term disability insurance through work and not realize it.

Hurt at Work and Then Fired in New Jersey?

If you were injured on the job and then denied an accommodation, pushed onto leave, disciplined, or fired, look beyond the workers’ compensation claim. Even if another attorney is handling your workers‘ compensation case, the employment side may deserve its own review.

The Law Offices of Eric A. Shore helps workers with New Jersey employment law claims and disability benefits. The important question is not only whether you were injured. It is what happened after you were injured.

Call 1-800-CANT-WORK or visit 1800CantWork.com to speak with our office. Get More with Shore!

This article provides general information and is not legal advice. Every case depends on its particular facts and applicable law.