Yes, you can be fired while receiving workers’ compensation benefits in New York, but it is illegal to fire an employee solely because they filed a workers’ compensation claim. Employers are prohibited from retaliating against employees for exercising their rights under workers’ compensation laws.
Here’s what you should know:
Legal Reasons for Termination
An employer in New York can terminate an employee for legitimate, non-discriminatory reasons unrelated to the workers’ compensation claim, such as:
- Poor performance
- Company downsizing or restructuring
- Violation of company policies
Prohibited Actions (Retaliation)
Under New York law, it is illegal for an employer to:
- Fire you solely because you filed a workers’ compensation claim.
- Discriminate or retaliate against you for pursuing benefits.
If you believe you were fired as retaliation for filing a claim, you may have grounds for a wrongful termination lawsuit or a claim with the New York Workers’ Compensation Board.
Impact on Workers’ Compensation Benefits
- If you are terminated, your workers’ compensation benefits (such as medical coverage and wage loss payments) should not be affected as long as your injury continues to qualify for compensation.
- Your eligibility for benefits is based on your injury, not your employment status.
What to Do If You Are Fired
- Document Everything:
- Keep records of any communication with your employer about your termination.
- Consult an Attorney:
- An employment or workers’ compensation attorney can help determine whether your termination was lawful.
- File a Retaliation Complaint:
- If you believe your termination was due to filing a workers’ comp claim, you can file a complaint with the New York State Workers’ Compensation Board or pursue legal action.