If you’ve recently applied for and been granted workers compensation benefits in New York, you may be wondering whether your employer can fire you while on workers comp.
Unfortunately, it’s possible. If the employer already has cause to fire you, such as poor work performance prior to your injury, or has already made the decision to lay off workers, you can be fired while receiving work comp benefits.
Reasons They Can’t Fire You
Although your employer is within his or her legal rights to fire you while you’re on workers comp, there are circumstances in which employers aren’t allowed to fire you—in fact, in many cases, it’s against the law.
If you suspect you are being fired simply because you applied for workers compensation, you should speak with an attorney right away. It is illegal to fire a worker for that reason. You would need to gather some evidence in order to prove your case, but your attorney can help you.
Your employer can fire you if you become disabled and can no longer perform the work you once did. However, employers can’t fire you if you’re still able to do the job so long as reasonable accommodations are made for you. If you believe your employer is firing you for discriminatory reasons, that is called workplace discrimination. You can sue.
Defending Injured Workers’ Rights
Now you understand that an employer can fire you while on workers comp. However, your employer can’t fire you because you applied for workers compensation. Employers also can’t fire you if you’re disabled but could still do the job if reasonable accommodations were made for you.
If you believe your rights have been violated or need help with your work comp case, call Finkelstein, Meirowitz & Eidlisz, LLP at 212-385-9190 or complete our contact form at the bottom of this page. We’re ready to schedule a free consultation with you to discuss your options and the path forward.