New York Workers Comp Lawyers
One of the greatest concerns our potential clients, and past clients, experience during the workers’ compensation process is the fear of losing their job for filing for benefits. As leading New York Workers Comp Lawyers residents can trust, we at Polsky, Shouldice & Rosen, P.C., would like you to know that this action would likely be illegal on the part of the employer. If you are being threatened by your employer or have been fired because you filed for workers’ compensation benefits, please call our New York workers’ comp lawyers right now.
Can You Be Fired For Filing Workers’ Comp?
Workers’ compensation is a system that compensates most employees who are injured while working. Most people have at least a basic understanding of how workers’ comp functions, but many people also have a lot of questions about it. One of the most common concerns is about whether an employer can fire an employee for filing a workers’ comp claim. Learn the very important answer to this question below.
Is it Legal?
As the best workers’ comp lawyers in New York might tell you, it is completely illegal for an employer to fire an employee as punishment for filing a workers’ comp claim. If this is the reasoning behind the termination, that is considered discrimination and the worker who was fired can typically file a lawsuit against the employer. Additionally, even if it was legal for an employer to fire an employee for this reason, doing so would not invalidate the workers’ comp claim. Even after being let go, the injured worker would continue to receive compensation for the injury. There are a few special cases that complicate this matter, however.
- While it is illegal to fire an employer because he or she filed a workers’ comp claim, it is not necessarily discrimination if the employer chooses to fire an employee because the injury has demonstrated that the employee is at high risk of causing injuries.
- In at-will employment states, employers may fire any employee at any time without giving a reason. Even in these states, however, an employer may not fire an employee for discriminatory reasons. You will not be told what the reason behind the termination is, but if you suspect it was because you filed a workers’ comp claim, you may still have the opportunity to file a lawsuit. Calling the workers’ comp lawyers in New York from Polsky, Shouldice & Rosen, P.C., is recommended. At-will employment also gives employees the right to quit at any time without giving a reason and without giving prior notice.
- It is illegal to fire an employee because of the workers’ comp claim, but it is not illegal to fire an employee who is out of work on workers’ comp for an unrelated reason. Most employers will not do this out of fear of the reason being misinterpreted as discriminatory. However, if there is a valid reason for the termination, a worker’s comp case does not inherently protect an employee from termination.
If you suspect that you were fired for an illegal reason, you likely have a strong legal case. You should call Polsky, Shouldice & Rosen, P.C. to speak with one of our workers’ comp lawyers in New York as soon as you can.