Navigating the workplace after sustaining an injury can be a daunting experience, especially when considering the implications of filing a workers’ compensation claim. The fear of retaliation from your employer may linger in your mind, raising questions about your job security. One of the most pressing concerns employees in New York face is whether they can be fired for filing a workers’ compensation claim. Understanding your rights and the protections available under New York law is essential to safeguarding your employment while seeking the compensation you deserve.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Workers’ Compensation in New York
Workers’ compensation is a crucial safety net for employees who suffer injuries or illnesses as a result of their job. In New York, this system ensures that injured workers receive medical care, wage replacement, and other benefits without the need to prove fault on the part of the employer. This no-fault system is designed to provide prompt assistance to injured workers while limiting litigation between employees and employers. However, despite the intent of the workers’ compensation system to protect employees, many workers worry that filing a claim could jeopardize their employment.
In New York, workers’ compensation benefits are available to most employees, including those working part-time or on a temporary basis. The benefits provided under the workers’ compensation system include coverage for medical expenses, temporary or permanent disability benefits, and compensation for lost wages. Given the critical role these benefits play in an injured worker’s recovery, it is understandable that employees might fear the consequences of filing a claim.
Employer Retaliation
One of the most common concerns among injured workers is whether their employer can legally terminate them for filing a workers’ compensation claim. In New York, it is illegal for an employer to retaliate against an employee for exercising their rights under the Workers’ Compensation Law. This means that an employer cannot fire, demote, harass, or otherwise penalize an employee for filing a claim or attempting to file a claim for workers’ compensation benefits.
New York Labor Law Section 120 specifically prohibits employers from retaliating against employees who file or intend to file a workers’ compensation claim. If an employer is found to have violated this law, they may be subject to significant penalties, including fines and the payment of lost wages and benefits to the affected employee. Additionally, the employer may be required to reinstate the employee to their former position or provide comparable employment if reinstatement is not feasible.
Despite these legal protections, some employers may still attempt to retaliate against employees who file workers’ compensation claims. Retaliation can take many forms, from subtle changes in job duties to outright termination. Employees who believe they have been retaliated against should seek legal advice promptly to protect their rights and pursue any available remedies.
Proving Retaliation
While New York law provides robust protections against retaliation, proving that you were fired or otherwise penalized for filing a workers’ compensation claim can be challenging. Employers may attempt to justify their actions by citing unrelated performance issues or economic reasons for the termination. Therefore, it is crucial to gather evidence that supports your claim of retaliation.
Documenting all interactions with your employer related to your workers’ compensation claim is essential. This includes keeping records of any conversations, emails, or other communications in which your claim was discussed. Additionally, if you notice changes in your job duties, performance evaluations, or treatment by supervisors or coworkers after filing your claim, it is important to document these changes as well.
In some cases, an employer’s retaliatory actions may be more overt, such as directly threatening termination if you proceed with your workers’ compensation claim. If this occurs, it is critical to seek legal counsel immediately to discuss your options and take appropriate action to protect your rights.
What to Do if You Are Fired After Filing a Workers’ Comp Claim
If you are fired after filing a workers’ compensation claim in New York, it is important not to panic. While the situation can be stressful, you have legal options available to address the retaliation and seek justice. The first step is to consult with an experienced workers’ compensation attorney who can evaluate your case and advise you on the best course of action.
Your attorney can help you file a complaint with the New York State Workers’ Compensation Board, which is responsible for investigating claims of retaliation under Labor Law Section 120. The Board will conduct an investigation and, if they find that retaliation occurred, may order remedies such as reinstatement to your job, payment of lost wages, and penalties against your employer.
In addition to filing a complaint with the Workers’ Compensation Board, you may also have grounds to file a wrongful termination lawsuit against your employer. A successful wrongful termination claim can result in compensation for lost wages, emotional distress, and punitive damages, depending on the circumstances of your case. However, it is important to act quickly, as there are time limits for filing such claims.
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Understanding Your Rights
Navigating the complexities of a workers’ compensation claim and potential retaliation by your employer can be overwhelming. Many employees are unsure of their rights and fear the consequences of standing up for themselves. This uncertainty can lead to inaction or acceptance of unfair treatment, which can have long-lasting impacts on your career and financial well-being.
Seeking legal representation is crucial to ensuring that your rights are protected throughout the process. An experienced workers’ compensation attorney can guide you through the filing of your claim, help you gather evidence to support your case, and advocate on your behalf if your employer retaliates against you. With the right legal support, you can pursue the compensation you deserve while holding your employer accountable for any unlawful actions.
The Role of the Workers’ Compensation Board in Protecting Employees
The New York State Workers’ Compensation Board plays a vital role in protecting employees who file workers’ compensation claims from retaliation. The Board is responsible for enforcing the provisions of Labor Law Section 120 and investigating complaints of retaliation. If the Board finds that an employer has violated the law, they have the authority to impose penalties and order remedies to address the harm caused by the retaliation.
In addition to investigating complaints, the Workers’ Compensation Board provides resources and information to help employees understand their rights under the law. This includes guidance on how to file a workers’ compensation claim, what to do if your claim is denied, and how to report retaliation. The Board’s mission is to ensure that injured workers receive the benefits they are entitled to and that employers comply with their legal obligations.
Protecting Yourself After Filing a Claim
Filing a workers’ compensation claim is a critical step in securing the benefits you need to recover from a workplace injury. However, it is also important to take steps to protect yourself from potential retaliation by your employer. This includes being aware of your rights under New York law, documenting any changes in your employment situation, and seeking legal advice if you suspect retaliation.
If you are concerned about the possibility of being fired after filing a workers’ compensation claim, it may be helpful to discuss your situation with a workers’ compensation attorney before taking any action. An attorney can provide you with information on your rights, help you prepare for potential challenges, and represent you if any issues arise. Taking proactive steps to protect yourself can help ensure that you receive the benefits you deserve without compromising your job security.
In New York, filing a workers’ compensation claim should not cost you your job. The law is clear that employers cannot retaliate against employees for seeking the benefits they are entitled to under the Workers’ Compensation Law. While some employers may attempt to circumvent these protections, you have legal options available to address any retaliation and seek justice.
If you believe you have been fired or otherwise retaliated against for filing a workers’ compensation claim, it is important to take action to protect your rights. Seeking legal advice and representation can help you navigate the complexities of your case and pursue the compensation and remedies you deserve.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we are committed to standing up for injured workers and ensuring that they receive the full protection of the law. If you have been retaliated against or need assistance with a workers’ compensation claim, our experienced attorneys are here to help. Contact us today to discuss your situation and learn how we can support you in safeguarding your rights.