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Consequences of Firing a Worker for Reporting an Injury

You have the right to report any work-related injuries that occur. In addition, your employer may not retaliate against you for reporting an injury. Unfortunately, many companies and employers demote, terminate and withhold promotions from employees seeking to report injuries that occur at work.

For example, in 2012, the Union Pacific Railroad Company fired an employee who had worked for the company for 30 years because he reported a work related injury. A rigorous investigation found that shortly after the employer reported a work-related injury, he was disciplined for misusing his company vehicle — a pretext to retaliate against the employee for reporting his injury.

However, the Occupational Safety and Health Administration stepped in and the Union Pacific Railroad Company in Omaha Nebraska was forced to reinstate the terminated employee — and was fined more than $350,000 in the following damages:

  • Employee back wages with interest
  • Compensatory damages
  • Punitive damages

In addition to reinstating the fired employee, the Pacific Railroad Company was required to remove the disciplinary information from the employee’s work record and to provide whistleblower rights information to its other employees.

Under the Occupational Safety and Health Act of 1970, you have the right to feel safe at your job. Part of feeling safe is knowing that if you are injured you can report your injuries without fear of being punished. If you reported an injury and your employer threatened you or took action against you, contact a reputable employment lawyer as soon as possible.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

Bruce  L.  Atkins Attorney Photo
Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

Adam  J.  Kleinfeldt Attorney Photo
Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

Diane  Englander  Peyser Attorney Photo
Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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    5.0/5.0

    I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...

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    megan verrico

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    5.0/5.0

    I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.

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    T Cates

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    Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...

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    Mr. Kleinfeldt and the law firm were simply excellent in their service. They were easy to reach, attentive, professional, prompt, and hospitable. I felt they were truly in my corner. My matter was resolved expeditiously and to my satisfaction. It...

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    Mike Baycora

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    5.0/5.0

    Thrilled with our experience with the firm. It was a challenging case for sure, and Adam worked tirelessly to ensure we came out on top. His knowledge of the law and the "system" is first rate. I was prepared to walk away on a few occasions when t...

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    Alex Cauchon

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