New Jersey Workers' Comp Retaliation: Your Rights & Remedies (2026)

New Jersey law prohibits employers from retaliating against employees for exercising workers' compensation rights.

Legal Protections

N.J.S.A. 34:15-39.1

Prohibited: Discharge or discriminate against employee for:

• Filing workers' compensation claim
• Receiving benefits
• Testifying in workers' comp proceeding
• Exercising any right under Workers' Compensation Act

Penalty

Disorderly persons offense: Criminal penalty Civil remedies: Employee may sue for damages

Prohibited Actions

• Termination for filing claim
• Demotion or pay reduction
• Hostile work environment
• Refusal to rehire
• Threats or intimidation

Proving Retaliation

Elements:

1. Protected activity (filed or planned to file claim)
2. Adverse employment action
3. Causal connection

Evidence: Timing, shifting explanations, positive work history, comparisons to others

Remedies

Available in civil lawsuit:

• Reinstatement
• Back pay and front pay
• Lost benefits
• Emotional distress damages
• Punitive damages (if egregious)
• Attorney fees

Statute of limitations: 2 years from discriminatory act

Pierce Doctrine

New Jersey recognizes: Termination in violation of public policy Workers' comp retaliation: Violates clear public policy Can sue: Even in at-will employment

Steps if Facing Retaliation

1. Document everything
2. File workers' comp claim (if not already filed)
3. File unemployment benefits
4. Consult employment attorney
5. File lawsuit if necessary

FAQs

Q: Can I be fired while on workers' comp? A: Yes, if for legitimate non-retaliatory reason. Firing because you filed claim is illegal.

Q: What if I signed a release? A: Consult attorney. May be invalid depending on circumstances.

Q: How do I prove retaliation? A: Timing of termination after claim, inconsistent employer explanations, positive work record.

Q: Can I sue if I quit? A: Possibly, if constructive discharge (forced to quit due to intolerable conditions).

Related Topics

• Filing a New Jersey Workers' Comp Claim
• New Jersey Workers' Comp Benefits
• New Jersey Workers' Compensation Overview
• Workers' Compensation Retaliation (Federal)

Last updated: January 5, 2026