Workers Compensation: What If My Employer Fires Me?

workers compensation injury attorney syracuse nyNobody goes to work thinking, “Today I think I am going to get hurt.” The sad truth is that accidents in the workplace do happen and having a way to protect yourself and your family is important while you recover.

But what happens if you should lose your job? Can you still collect workers’ compensation benefits? In New York, you are entitled to have your related medical benefits covered and you can collect a weekly wage replacement benefit (about 2/3 of your average weekly wage). If you have been deemed unable to perform the work you used to do because of your injury, you can also receive vocational training benefits.

Can an Employer Fire an Employee Who is Receiving Workers’ Compensation?

It is important for you to know the rules about employee workers’ compensation benefits, and the possibility of losing your job. New York law allows employers to replace you if you are unable to perform your work. So, you can be dismissed from your job even if you are collecting workers’ compensation. You should know that you cannot be fired for simply filing for workers’ compensation. You may only be dismissed because you are no longer to perform you duties due to your injuries. Workers Compensation Law is complex and it is always a good idea to seek the help and guideance of an experienced Syracuse workers compensation attorney.

I think I was fired because I filed for workers’ comp. What can I do?

Under state law, it is illegal to retaliate against an injured employee that files for workers’ compensation benefits. It is likewise illegal for your employer to threaten to fire you if you file a claim. If either of the two above situations have occurred you can file a lawsuit claiming retaliation. For this type of lawsuit to be successful, you need to prove that you are entitled to benefits that you are claiming, which is classified as grounds of a protected activity, and that your employer was motivated to terminate you because you engaged in a protected activity. This last part is the most difficult to prove which is why you must have a highly skilled and experienced workers’ compensation lawyer on your side.

If you are concerned about your workers’ compensation benefits if you’ve been fired, and if you are looking for legal guidance and support, our Syracuse, New York workers’ compensation lawyers are ready to help you. McMahon Kublick, PC is proud to represent injured workers throughout the state. Please call (315) 424-1105 to schedule a free consultation.