Should I File for Workers’ Comp Benefits if I Fear Retaliation?

Workers Compensation Attorneys

Too often, workers who have been hurt on the job fail to report injuries and/or avoid filing for workers’ compensation benefits because they are concerned that taking this action will lead to some kind of negative consequence. Whether they are concerned that taking their injuries seriously will lead their co-workers to think less of them, or they’re anxious that reporting their injuries and seeking rightful compensation will result in a demotion, termination, or other retaliation from their employer, these workers are often unaware that their rights are protected under the law. If you have been hurt on the job and you’re entitled to workers’ compensation benefits, your employer cannot lawfully retaliate against you for exercising this right. Similarly, your employer cannot lawfully retaliate against you for requesting a safety inspection in the wake of an accident or otherwise participating in the exercise of your rights to a safe workspace.

Our firm understands how real and legitimate fears of retaliation are for some workers. Know that when you meet with us to speak about your options, that meeting is confidential and won’t obligate you to take any action whatsoever. Speaking with an attorney now will, however, allow you to make an informed choice about exercising your rights under the law.

Workers’ Rights – Compensation and Retaliation Issues

Not so long ago, workers were regularly subjected to hazardous jobsite conditions and had little, if any, opportunity for recourse in the event that they were injured or made ill as a result of those conditions. The workers’ compensation system helps to ensure that those who are hurt on the job (with very few exceptions) are compensated for the costs associated with those injuries. In exchange, workers who are eligible for these benefits are generally prohibited from suing their employers for matters related to their injuries. As NY workers’ compensation attorneys like one from Polsky, Shouldice & Rosen, P.C. will tell you, this system limits liabilities for employers while protecting workers’ rights to have their medical bills, lost wages, and other eligible costs covered in the event of injury or illness.

It is partially because this system, when it functions as intended, is a “win-win” for employers and workers alike that employers are not permitted to retaliate against workers who exercise their rights under this system. Therefore, even if you are legitimately and understandably concerned about the possibility that reporting your injuries and filing for workers’ compensation benefits will result in retaliation on your employer’s part, it’s important to explore your legal options with the assistance of an experienced attorney. Your rights are codified under the law for many reasons – you shouldn’t have to fear lawful exercise of those rights.

Legal Assistance Is Available

If you haven’t yet scheduled a confidential, risk-free consultation with our firm, please do so now. Once we clarify your rights and explain your options, the decision to exercise those rights or not will rest with you. We look forward to assisting you during this challenging time.