Is My Job Protected While I Pursue a Workers’ Compensation Claim?
Workers Compensation Attorneys Queens & New York
If you have been injured on the job and need to seek compensation under New York’s workers’ compensation laws, you may have some concerns about whether or not your job will still be there for you, especially if it will take some time for you to heal. Can your employer replace you? What potential rights do you have to ensure that you can go back to work when you are healthy?
First, it’s important to understand that your employer cannot terminate you or discriminate against you in any way because you have filed for or are seeking workers’ compensation benefits. This can be difficult to prove, but if you can show that you lost your job in whole or in part because of your workers’ compensation claim, your employer can be found liable for discrimination, be ordered to pay damages and to reinstate you.