Can I Lose My Job When I Seek Work Comp Benefits?

Queens |NYC | Brooklyn | Bronx Workers’ Compensation Attorneys

You may have been hurt on the job and be dealing with pain on a daily basis. However, you may be unwilling to file a workers’ compensation claim for fear that your employer will use it as an excuse to replace you. Can you lose your job for filing a valid workers’ compensation claim?

You Cannot Be Terminated for Filing a Workers’ Compensation Claim

Under New York law, you cannot be subjected to discrimination or lose your job because you filed for workers’ compensation benefits. As a practical matter, though, proving that you were terminated because you filed for work comp can often be challenging. New York is an “at will” employment state, which allows employees to fire a worker at any time for any reason, provided it is not contrary to the terms of a valid employment agreement, or to law or public policy. Accordingly, if your employer can allege another valid reason for letting you go, you will have the burden of proving that you were replaced because of your work comp claim. If you do have sufficient evidence that your employer terminated you because you filed a work comp claim, you can file a discrimination claim against your employer.

In addition to the provisions of the New York workers’ compensation laws, workers may also be protected by:

  • The Family and Medical Leave Act (FMLA), a federal law that allows you to have your job protected for up to 12 weeks if you need to take medical leave
  • A collective bargaining agreement, which often includes protection of your job

An experienced attorney can carefully review the facts and circumstances of your case and determine whether you have a discrimination claim.

Is My Job Protected When I File a Workers’ Compensation Claim?

Proven Workers’ Compensation Attorneys in Brooklyn, Queens, the Bronx and across New York City

At the law offices of Pyrros & Serres LLP, we offer experienceed workers’ compensation and Social Security disability counsel to people in the Bronx, Brooklyn, Queens and across the greater New York City metropolitan area. Because of our longstanding reputation for hard work and strong representation, many of our new clients come to us as referrals from clients and other lawyers.

To learn more about the full scope of our practice, see our practice area overview page or call our offices at 718-804-5406.

Pyrros & Serres LLP

NYC | Queens | Brooklyn | Bronx Workers’ Compensation Attorneys