How Employees Are Protected from Retaliation in Workers Comp Cases
- Posted on: Nov 15 2019
If you’re thinking about filing a workers comp case or if you’ve been asked to testify in a workers comp case, you may be concerned about losing your job or facing some other type of retaliation from your employer. Fortunately, the law provides a number of protections against retaliation.
You Can’t Be Fired
If you file a workers comp claim, it’s illegal for you to be fired in most states, including New York. According to the New York State Workers Compensation Board, your employer cannot fire you or in any other way discriminate or retaliate against you. This protection covers both employees who file workers comp cases and those who are called to testify or provide information in these cases.
You Also Can’t Be Demoted or Otherwise Penalized
If you’re suddenly demoted without a legitimate reason or believe you’re being penalized in some way, you can report your employer to the board and file a complaint. This includes being given lesser work or assignments, having your pay reduced, and being harassed. The bottom line is that your employer cannot prevent you from filing or testifying in a workers comp case, and they cannot do anything to penalize you for doing so, either.
What If They Do?
It’s important to also note that New York is what’s considered an “employment-at-will” state. This means that employers do have the right to fire employees for any reason at any time. What many will do is document any small infraction you make and then cite that infraction as the reason for your termination rather than going against the protections provided in workers comp. This can make it very difficult to bring a wrongful termination case against them, especially if they have solid documentation against you and didn’t move to terminate you right away.
Employers may be tempted to retaliate against employees who cost them money, especially if they were forced to pay out a large sum in a workers comp case. If you filed such a case or testified in one and were later fired, you need to seek legal assistance if you plan on fighting that termination.
You also want to make certain your workers comp claim is as solid as it can be so there’s no need to worry about losing your case. The experts at Maximum Orthopedics can help you file your claim and assist with any other paperwork required. Contact us today to schedule a meeting.