A WORK INJURY AND A CNN REPORTER: CLAIMS OF RETALIATORY DISMISSAL AFTER INJURY
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How Might NJ Workers Compensation Apply?
Saima Mohsin, a former CNN reporter, filed suit against CNN, claiming in part that the news network fired her after being injured while reporting from Jerusalem in 2014. The unfortunate accident allegedly involved a reporting team member driving a car over her foot. The crush injury to her foot caused severe damage requiring extensive rehabilitation with restricted mobility. Ms. Mohsin claims she could not return to work as a field reporter due to the severe tissue damage caused by the injury. Ms. Mohsin brought the case to England. The matter is pending an employment tribunal claim in London.
Saima posted on Linkedin an account of her injury:
“I spent years bed ridden and depressed, I had to learn to feel and control my foot again. Sometimes I felt it too much. But slowly but surely I’ve learnt to manage my pain & am back on screen presenting at Sky News who’ve been so understanding of my condition.”
Crush Injuries in NJ Workers Compensation Law
A crush injury, in general, is the result of a body part trapped between two hard surfaces with compression causing soft tissue injury, nerve damage, and/or broken bones. A crush injury of this nature, especially to the foot, can have catastrophic consequences. The human foot, for example, consists of 26 bones that work in symmetry to allow bipedal mobility. This is a complex and intricate of foot anatomy that can require reconstructive surgery in severe cases.
New Jersey work injury law covers these types of accidents with benefits including a permanency award reflecting loss of function of the foot. Foot injuries can result in substantial loss of function, with associated gait changes impacting mobility. In 2002, Governor Murphy signed a new law requiring that any foot injury above 25% functional loss would receive greater compensation given the gravity of the loss of function.
New Jersey Employees Have Protection Against Retailatory Firings Under New Jersey Workers Compensation Laws
Would an employee in New Jersey have any recourse against a former employer that fired the employee due to a work accident? The answer is yes. The relevant statutory provision states:
“[i]t shall be unlawful for any employer or his duly authorized agent to discharge or in any other manner discriminate against an employee as to his employment because such employee has claimed or attempted to claim workmen’s compensation benefits from such employer …” N.J.S.A. 34:15-39.1.
This statutory provision has been extended to allow an employee to file a civil action in Superior Court against the employer seeking damages, including punitive damages. There is also the right to seek administrative remedies, including a financial penalty and the restoration of employment. An injured employee in New Jersey has an absolute right to pursue workers comp benefits in the event of an accident on the job. In short, interference with that right by the employer gives the employer additional remedies not otherwise given in NJ work injury law.
The employee has the burden of proof to show: 1) the employee made a claim or attempted to make a claim for benefits under the NJ workers compensation law, and 2) the employer retaliated against the employee for making that claim by termination of employment. The second element is typically the most analysis and requires a showing that the firing was connected to a claim for benefits. An employer can fire an employee for a legitimate reason even if the employee is receiving workers comp benefits at the time of firing. In short, each case requires a factual analysis of the circumstances surrounding the employer firing the employee.
Level the Playing Field with an Experienced
NJ Work Injury Attorney
You can rely on John F. Renner’s knowledge and expertise for this. He is committed to defending the rights of injured employees and has successfully represented many clients in workers’ compensation disputes for over 30 years. Call our office now at 856-596-8000 to begin the process of obtaining the compensation you are entitled to. We have your back.
About the Author
John F. Renner is the founding attorney and principal of John F. Renner P.C. He has more than 25 years of experience representing injured workers in New Jersey. Mr. Renner guides his clients through the complex maze of New Jersey Workers Compensation Law for the best possible outcome.
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