I Was Hurt At Work in New Jersey: Can I Be Forced To Quit?
Your employer may attempt to force you to resign after you sustain a work injury for a variety of reasons. Regardless of their reasons, however, the law views forced resignation the same as a termination. Firing an employee for receiving an injury on the job is unlawful, so you may be eligible to take legal action if this has happened to you.
Forcing an Employee to Quit is the Same as Firing Them
If an employee sustains a work injury and is unable to work for a period of time, employers may try to remove them from their position permanently by forcing them to quit. Perhaps they don’t want to pay the employee unemployment benefits, or maybe they are trying to avoid a wrongful termination claim. Their reasoning behind this is that employees who resign voluntarily are not eligible to receive unemployment benefits or make a wrongful termination claim.
Other times, the employer may not want to accommodate an injured employee’s work restrictions, or they might just find it easier to replace that employee altogether rather than filling their position temporarily. Employers may attempt to remove you from your position by making your working conditions so miserable that any reasonable employee would quit that position. Or they may even state directly that they will fire you if you do not resign on your own.
It’s important to understand that regardless of your employer’s reasons and methods for forcing you to quit, legally this is essentially the same as terminating your employment. It’s unlawful for employers to fire employees due to their inability to work because of a work injury, so you are likely eligible to take legal action against your employer. Forced termination is legally known as constructive discharge, and it may actually be grounds for you to make a wrongful termination claim since, technically, you did not resign voluntarily.
The Purpose of Workers’ Compensation
Employees that sustain a work injury are generally entitled to receive workers’ compensation benefits. The purpose of the workers’ compensation system is to provide employees with a no-fault method of receiving payment for their expenses related to a work injury, including reimbursement for medical expenses and payment for lost wages.
Workers’ compensation provides employees with a safety net in the event that they are injured while they are on the job, so it is illegal for employers to fire employees for filing a workers’ compensation claim or for collecting their workers’ comp benefits. If employers were allowed to simply terminate employees who were injured at work, this would defeat the entire purpose of the workers’ compensation system.
Seek Legal Help if You Were Forced to Quit After a Work Injury
If you were forced to quit your job because you sustained a work-related injury, you should contact a workers’ compensation attorney. The Law Offices of Peter Davis of Paterson, New Jersey has a team of professionals trained in workers’ compensation law, and we can help you understand your legal options during this troublesome time. We’ve been serving our community with experienced legal help for almost three decades, and we’re here to represent you and fight for your rights.
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I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
I highly recommend Peter Davis & Associates. In particular, Mr. David Ventoso, Esq. did an excellent job helping and assisting me. Mr. Ventoso was knowledgeable, professional and responsive.
All the staff members at the firm took the time to explain every detail and step of the process; they answered all my questions and were always kind. Special thanks to Ms. Carolyn for doing an amazing job.
If you're looking for an attorney in NJ who is trustworthy and really cares, Peter Davis & Associates is an excellent choice.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
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I want to especially thank David Ventoso for always informing me what was going on with my case. He kept up with all my questions and answered every time I called him.
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Angela Selby
I had a great experience working with David Ventoso at the Law Offices of Peter N. Davis after my motor vehicle accident. I suffered injuries to my knee and lower back, and Mr. Ventoso along with Carolyn guided me through the entire process from start to finish.
They were always responsive to my questions and concerns, kept me informed, and made everything as stress-free as possible. They also referred me to receive the medical treatment I needed, which made a huge difference during my recovery.
Thanks to their hard work and dedication, I was very pleased with my compensation. I highly recommend this law firm to any friends or family in need of a personal injury attorney.
