After sustaining a workplace injury, you may have to rely on workers’ compensation benefits. What happens if you lose your job after filing a New York workers’ comp claim? Below, a workers’ compensation attorney in New York breaks down your rights and legal options regarding such benefits.
How Workers’ Compensation Benefits Workers
According to data from the U.S. Bureau of Labor Statistics, workplace illnesses and injuries are down. The agency reports an 8.4% decrease in recorded cases in 2023, though on-the-job injuries still affect more than 2.6 million people.
The service, transportation, and production industries see the greatest risk of workplace injuries. The Insurance Information Institute finds that workers in these industries make up 56.4% of all reported injuries and illnesses within the private sector.
When an accident on the job renders you unable to work, you can file a New York workers’ comp claim. You may be able to receive the following employee benefits:
- Partial wage replacement
- Covered costs for medical treatment
- Survivor benefits for workplace fatalities
Understanding At-Will Employment and Wrongful Termination Claims
New York is an at-will employment state, meaning that employers can ordinarily terminate employees without providing any notice or reason. What if you lose your job while collecting workers’ comp benefits? Your employer’s actions may be entirely lawful in some cases, such as when the company undergoes restructuring or your temporary employment contract comes to an end.
You might not have grounds to sue your employer for wrongful termination because of the laws surrounding at-will employment. However, companies cannot retaliate against employees in certain scenarios. If you’re fired because you file for New York’s workers’ comp benefits, your employer could be in violation of state labor laws.
Forms of retaliation include:
- Being fired
- Being demoted
- Receiving less pay
- Being excluded from meetings or other job duties
Employees can report potential infractions to the Equal Employment Opportunity Commission and launch an official investigation. In 2024, New York had 4,105 incidents reported, or 4.7% of the agency’s total receipts.
Retaliation vs. Reasonable Accommodations
Consulting a lawyer after your accident is essential. Not only can they help you file a New York workers’ comp claim, but they can also evaluate possible instances of improper employer retaliation.
Labor laws dictate that employers cannot harass, discriminate, or retaliate against employees. The law also requires employers to provide reasonable accommodations to those with qualifying disabilities.
What exactly does this mean? The following example demonstrates the differences between retaliation and accommodation and highlights the importance of medical advice when it comes to wage replacement benefits.
Imagine someone works for a moving company and gets into an accident while driving the moving truck. They promptly report the incident, receive medical treatment for their injuries, and file for workers’ compensation benefits. Their doctor advises them to avoid the heavy lifting and other physically demanding aspects of the job but clears them to perform lighter duties.
The moving company may offer the worker more administrative tasks during this time. Is this considered retaliation since it varies so much from the workers’ primary job duties? Not necessarily; it may be seen as a reasonable accommodation that allows someone to keep working despite their injury.
Employees don’t have to accept other positions that accommodate them. However, declining the opportunity could make them ineligible to receive a portion of their lost wages. Always follow your doctor’s advice when it comes to returning to work, and be mindful of any accommodations your employer is willing to make.
How a Workers’ Compensation Lawyer in New York Could Help You
When you’re hurt in an accident on the job, it’s wise to consult a lawyer for workplace injury claims. They could explain the available New York workers’ comp benefits and help you gather evidence supporting your claim. Navigating this process can seem overwhelming, but an experienced attorney could be an excellent resource.
What are the biggest benefits of partnering with a workers’ compensation lawyer in New York?
- They understand filing deadlines: You have 30 days after an accident to notify your employer and another two years to file a claim for workers’ comp or disability benefits.
- Lawyers gather evidence to support a claim: You’ll need documentation outlining the details of your accident and the extent of your injuries. Your lawyer may collect evidence like medical records, witness statements, and surveillance footage to strengthen your claim.
- Attorneys offer advice to claimants: Don’t make crucial mistakes when filing for New York workers’ comp benefits. Failing to report the accident or follow your doctor’s orders could impact your benefits.
- They can assess lawful employment decisions: Were you fired shortly after filing a claim? Your attorney could evaluate the circumstances and determine whether you have grounds to sue for wrongful termination.
Figuring out the process on your own could cause unnecessary stress and costly mistakes. Team up with a qualified legal professional who can provide clarity and guidance.
Is It Possible To Resign While Receiving Workers’ Comp Benefits?
According to a 2024 Gallup research poll, 51% of American workers are either monitoring or actively seeking new job opportunities. Perhaps an employee is proactively trying to leave their job when a workplace accident occurs. Can they resign while receiving workers’ compensation insurance?
After a claim is approved, you’ll continue to receive benefits, even if your employment status changes. It is usually advised that you do not resign from your job while you are recovering from you work related injuries. The insurer will keep covering the costs of your medical treatment and may continue to provide you with a portion of your lost wages during this time.
If you’re fired purely for filing a claim, you may have a wrongful termination lawsuit on your hands. Wrongful termination and retaliation claims often involve pursuing back pay or emotional distress damages. Keep in mind that compensation is never a certain outcome in any civil lawsuit.
Consult an Experienced Workers’ Compensation Attorney in New York
When it comes to New York workers’ compensation, navigating the claim process can be daunting. Your situation might become more stressful if you lose your job shortly after filing a claim. Turn to Pyrros, Serres & Rupwani to discuss your case and learn about your options.
We have over 20 years of experience helping New Yorkers with personal injury and workers’ compensation claims. No matter what line of work you’re in or what caused your injury, we’re ready to talk with you about your next move. Submit our convenient online contact form or call (718) 626-7730 to request a free consultation.
Frequently Asked Questions
Do you still have unanswered questions about workers’ compensation insurance and retaliation claims? Keep reading for more information.
What Types of Evidence Support a Retaliation Claim?
Termination, unfair changes in your job duties, or new, negative treatment from your supervisor or colleagues could suggest retaliation. Document everything to use as potential evidence.
Will Workers’ Compensation Benefits End If I’m Fired From My Job?
No, you may continue to receive benefits throughout your recovery, even if you lose your job after your claim is approved.
How Can I Find a Lawyer for Workplace Injury Claims?
To find a qualified lawyer, research local law firms online that handle workplace injury claims. Choose a firm with positive testimonials, years of experience, and a personalized approach to every case.
What Are Common Mistakes When Filing a New York Workers’ Comp Claim?
The biggest mistakes regarding workplace injury claims are not reporting the accident right away, ignoring a doctor’s advice, and not providing ample documentation. Consulting a lawyer can help you avoid workers’ compensation claim mistakes.
