Workers’ Compensation and LAD (Law Against Discrimination)

Workers’ Compensation covers all injuries that are related to one’s employment. If an employee suffers some type of injury as a result of harassment based on discrimination, he or she may have remedies available to them by both laws. The employee may make a claim under the Workers’ Compensation Law for medical treatment and lost wages and at the same time may have a claim under the New Jersey Law Against Discrimination for additional damages based on a violation of that law.

For example, if an employee is the subject of sexual harassment which causes anxiety, depression and the need for medical care, this should be covered by Workers’ Compensation. However, if the employee is terminated because they reported the sexual harassment to management and rather than address the issue, the employer simply fires the employee, that employee may also have a claim under LAD.