Can My Employer Retaliate if I Bring a Workers’ Compensation or Injury Case in New York?
Employers in New York are required to carry Workers’ Compensation insurance for their employees. This insurance coverage ensures that their employees may be compensated for lost wages and medical expenses incurred because of on-the-job injuries. Workers must report injuries to their employer in a timely manner in order to recover Workers’ Compensation benefits.
Your employer cannot retaliate if you bring a Workers’ Compensation claim in New York. Employers who have experienced Workers’ Compensation retaliation from their employers may file complaints with the New York State Workers’ Compensation Board. In rare cases, employees may file personal injury cases against their employer for a workplace accident. Unfortunately, the same protections are not afforded to personal injury plaintiffs. However, plaintiffs that are successful in court may be compensated for all past and future damages related to their injuries.
If your employer retaliated against you for filing a Workers’ Compensation claim in New York, get help pursuing the compensation you deserve. Contact our experienced New York personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Employers Cannot Retaliate if You Bring a Workers’ Compensation Claim in New York
In most cases, injured workers will have to file Workers’ Compensation claims to recover monetary benefits related to their workplace injuries. These benefits provide crucial economic support to employees during times of hardship. According to W.K.C. Law § 120, your employer cannot retaliate if you bring a Workers’ Compensation claim in New York. If your employer did commit retaliatory actions against you after filing a Workers’ Compensation claim, then our New York personal injury lawyers can offer guidance and support on the road to recovery.
What to Do if Your Employer Retaliated Against You for Bringing a Workers’ Compensation Claim in New York
If your employer retaliated against you for filing a Workers’ Compensation claim, then you must file a complaint with the New York State Workers’ Compensation Board. Complaints must be filed within two years of the retaliatory action you experienced. To file a complaint, you must fill out a form and submit it online or through the mail. The form will ask for details regarding the retaliatory action that occurred. Our Brooklyn personal injury lawyers can help when filling out a Workers’ Compensation retaliation complaint.
If the Board finds that your employer improperly demoted, terminated or otherwise penalized you, the Board may order your employer to restore you to your original position. You may also be entitled to any lost wages if you were demoted or terminated.
Types of Workers’ Compensation Retaliation that Are Prohibited in New York
Workers’ Compensation retaliation can come in many forms. However, any form of retaliation is prohibited. Our Albany personal injury lawyers can help recover compensation for victims of any of the following forms of Workers’ Compensation retaliation:
First and foremost, you cannot be fired for filing a Workers’ Compensation claim. Furthermore, you cannot be denied your job back after returning from medical leave. Employers who terminate employees that fire Workers’ Compensation claims will be guilty of Workers’ Compensation retaliation.
Additionally, demotion is another form of Workers’ Compensation retaliation that is prohibited in New York. An employer cannot assign a worker to a lower position within a company or give them lesser job assignments because that worker filed a Workers’ Compensation claim.
Discrimination is also a prohibited form of Workers’ Compensation retaliation. Discrimination can come in many forms. For instance, your employer may show preferential treatment to a different employee after you file a Workers’ Compensation claim. Employers who discriminate in such a way will be considered guilty of Workers’ Compensation retaliation.
Other Forms of Mistreatment or Harassment
There are many other types of mistreatment or harassment that are considered prohibited forms of Workers’ Compensation retaliation. For example, some employers may verbally bully workers who file claims. Victims who suffered any form of mistreatment or harassment because they filed a Workers’ Compensation claim can contact our experienced Queens personal injury lawyers for help determining the proper course of action.
Retaliation for Filing a Personal Injury Case Against Your Employer in New York
In most cases, Workers’ Compensation insurance provides the exclusive remedy for workers injured on the job. However, under very rare circumstances, victims of workplace accidents can sue their employers. For instance, an injured worker may sue their employer if their employer intentionally caused their injury. Furthermore, lawsuits may be filed against employers who do not carry Workers’ Compensation insurance for their employees.
You may face adverse effects when filing a personal injury case against your employer. Personal injury plaintiffs are not afforded the same protections as Workers’ Compensation claimants in regard to employer retaliation. However, personal injury plaintiffs who are successful in court can recover compensation for a wide range of economic and non-economic losses related to their injuries. If you suffered a work-related injury, you should contact our Binghamton personal injury lawyers to discuss the legal options available to you.
Why Do Employers Retaliate Against Injured Employees?
There are multiple reasons an employer may retaliate against an injured worker who files a Workers’ Compensation claim. A prominent reason has to do with insurance rates. Employers in New York are required to carry Workers’ Compensation insurance. When injured employees file claims, it can cause their employers to pay higher premiums. Accordingly, some negligent employers attempt to fire injured workers who have filed or are about to file claims. By firing the injured workers, employers believe they can avoid paying higher insurance rates. Our Rochester personal injury lawyers can help hold employers responsible for this illegal behavior.
If You Suffered Workers’ Compensation Retaliation in New York, Our Lawyers Can Help
If your employer retaliated against you for filing a Workers’ Compensation claim, seek guidance and support from our experienced Utica personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.