Can I {Get Fired} for Filing a {Workers’ Compensation Claim}?

A work-related injury can be devastating, especially if you do not file a workers’ compensation claim.

If you were recently injured in a workplace accident or if you are suffering from an occupational disease, you may be concerned that your filing a workers’ compensation claim can result in the loss of your employment.

This is a common concern that stops many from exercising their rights and getting the medical and financial benefits they deserve. New York State is an at-will employment state, like most, which means that a private sector (non-governmental) employer can discharge an employee for any reason, except discrimination.

Under the New York State Human Rights Law, an employer is prohibited from discharging an employee because of his or her race, religion, gender, place of national origin, age, marital status or disability. In New York City, employers are also prohibited from discharging employees on account of their sexual orientation, arrest or conviction record, partnership status, or status as a victim of domestic violence, stalking and sex offenses.

In respect to Workers’ Compensation claims, Workers’ Compensation Law prohibits an employer from firing an employee because he or she has filed a Workers’ Compensation or Disability Benefits claim or has testified before the Workers’ Compensation Board. If you file a workers’ compensation claim and are then suddenly fired, you have the right to sue your employer for retaliatory actions.

There is far more at stake if you do not file a workers’ compensation claim. Too often, injured workers are afraid to risk losing their jobs for filing a workers’ compensation claim. This causes them to pay out of pocket for necessary medical care, which is often unaffordable. Their injuries are then not treated and can cause greater, more expensive health issues in the future.

At Gropper Law Group, we help workers properly file their workers’ compensation claims in New York and get the financial and medical help they need. We only receive compensation when you do. Do not hesitate to call us today.