If you’re concerned about losing your job after getting injured, call Polsky, Shouldice & Rosen, P.C. at (516) 595-0106 to speak with a workers comp lawyer New York employees trust. A workers comp lawyer in New York from our firm can represent you if needed to make sure that your rights are protected.
Can I Be Fired for Filing for Workers Compensation?
New York law protects workers from getting fired for filing workers compensation after a work-related injury. However, they can fire you for another reason before your workers compensation claim is closed.
The Fear of Getting Fired
It’s not unusual for an injured worker to fear for their job security if they file a workers compensation claim. This is why so many will pay for their medical treatment out of pocket as well as use their health insurance, sick days, or a combination of the above rather than file a claim. This is unfortunate as they can be punishing themselves unfairly. A workers comp lawyer New York residents choose from Polsky, Shouldice & Rosen, P.C. can make sure you receive maximum benefits for your injury while also protecting your job.
Valid Reasons for Termination
Sustaining a work-related injury does not guarantee you won’t get fired for a non-related reason. Your employer may or may not have legitimate and legal cause for firing you for something else. However, they should have proof and documentation beforehand or else they may be held liable for a discrimination or retaliatory termination suit against you. Here are some of the most common reasons used for firing an employee who has been hurt on the job:
- Maximum medical improvement is insufficient. After you reach maximum recovery following your injury, if you are unable to perform the work required for your job, your employer can fire you. An example would be if your injury will not heal sufficiently to allow you to do the heavy lifting required of your job. However, the employer may offer you a different position within the same company or offer training for a different vocation. A workers comp lawyer New York injured employees seek for legal advice can provide guidance if you believe you can still perform your job adequately and if you qualify for permanent disability payments.
- They cannot accommodate your new work restrictions. If your work injury is permanent, your employer is required to work with you if possible so that you can still do your job. For example, you may need to take periodic rest breaks to stretch your legs or sit down. Or, you may have to use a vehicle to travel from place to place instead of walking as you did before your injury. If your employer does not make a reasonable effort to accommodate your injury-related needs, they can be found in violation of the Americans with Disabilities Act. A workers comp lawyer New York offers from Polsky, Shouldice & Rosen, P.C. can determine if they have made a reasonable effort, and if not, what you may be eligible for in compensation as a result.
A New York Workers Comp Lawyer You Can Depend Upon
If you would like to talk to a workers comp lawyer New York area workers turn to, call Polsky, Shouldice & Rosen, P.C. today at (516) 595-0106 to request a free consultation.