Many employees who are injured on the job hesitate in filing their Workers' Compensation claim out of fear of consequences with their employer. Employees are often concerned about losing pay level or even being fired for bringing up the issue of workers' compensation. Often employees are encouraged by their managers to take it easy for a couple of days on the job or even to rest up at home for a few days before they are expected to return to working full-strength. In the state of New York you are protected by law from the moment your claim process begins, and your employer could face penalties if your are not treated fairly in the process.
The law has been put in place by the state government to protect New York's strong workforce from the situation known as “retaliatory termination by an employer.” In New york it is illegal for an employer to fire their employee for taking the steps outlined in the worker's compensation claim process. If you have been injured on the job and file the appropriate claim you are protected from termination directly resulting from your injury.
Why are workers protected in our state?
The worker's compensation laws in New York were put in place to prevent this type of discrimination so people like you cannot be intimidated or discouraged from reporting unsafe work environments or injuries on the job that were caused by said conditions. If employers were able to fire workers for complaining about unsafe work environments or dangerous situations, then employers would have no incentive to protect their workers - they could just fire them. By ensuring that New York's workers are protected from these dangerous practices, the state encourages employers to provide adequate safety and security for their employees and a better workplace as a whole.
To learn how the law applies to your situation, please reach out to our offices for a free consultation.