The first things most injured employees worry about when seeking legal representation for an on-the-job injury are loyalty to their employer and also jeopardizing their career and employer retaliation.

The Worker’ Compensation statute specifically prohibits employer retaliation in response to an employee seeking benefits the Workers’ Compensation system. N.J.S.A. 34:15-39, 1-3 prohibits any type of retaliatory discharge and allows for an employee who does suffer such a discharge to either bring administrative action pursuant to the New Jersey Workers’ Compensation statute or to file a civil claim for both compensatory and punitive damages in Superior Court. Employers are well aware of this prohibition and for this reason very few acts of retaliation occur.

When a compensation Claim Petition is filed on behalf of an injured employee, there is no “lawsuit” involved. A Claim Petition for compensation benefits is filed with the Division of Workers’ Compensation and the intent of the Claim Petition is not to act as an allegation of wrongdoing or negligence by the employer.