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Sustaining an injury while at work can be a traumatic experience that may impact your ability to perform your job. Fortunately, workers' compensation exists to provide financial support and cover medical bills to those who have been injured on the job. However, in some cases, employers may retaliate in ways such as terminating your employment after the workers' compensation filing. This occurrence can leave you feeling confused, angry, and helpless, wondering what meaningful steps could be taken to correct this issue. In this blog, we will discuss what you should do if you find yourself in this scenario in New York.
What To Do If You Were Fired After Filing for Workers' Compensation
Seek Legal Advice
If you were fired after filing for workers' compensation, it is best to consult a lawyer who specializes in workers' compensation laws. The lawyer will review the state's regulations to ensure that your case is adhered to.
Understand the State's Labor Laws
If you have been harmed at work or suffered a work-related injury in New York, the law provides certain protections such as the Workers' Compensation Law. This Law entitles you to benefits that are crucial in assisting you in the recovery process and a smooth transition back into employment. Meanwhile, you are safeguarded against employer retaliation for filing a workers' compensation claim. It is crucial to have knowledge of these labor laws before pursuing a recourse.
File a Retaliation Complaint
If you are genuinely hurt about losing your job after filing for worker's compensation, you may file a complaint with the Workers' Compensation Board. A retaliation complaint alleges that the employer engaged in wrongful conduct against you due to the worker's filing of a workers' compensation claim. If your argument is supported, the board will issue a final determination that finds that the employer did engage in retaliatory conduct.
Gather any Evidence That Proves Retaliation
Evidence such as a reduction in work assignments, wrongful termination, new unfavorable assignments, or decreased wages/benefits leading to a distinct unfavorable outcome may demonstrate potential retaliation. This evidence and statements from coworkers who experienced similar activity can reinforce your claim.
Be Patient
The process of seeking help may take time, so be patient. An attorney may need time to file a claim and gather all of the relevant information. Meanwhile, there could be other methods of redress, such as settlement negotiations between lawyers. It is best to be patient and let your lawyer handle it to maximize your chances of success.
Contact our Attorneys at Schotter Millican, LLP
If you were unfairly fired after filing for workers' compensation, do not despair as you have legal options that provide redress. It is crucial to contact a lawyer who is familiar with the labor laws in New York. Remember that there are laws that are in place to safeguard your interests, and it can be a challenging journey to success. If you're concerned that this might happen to you, it might be wise to ensure that your employer knows you are aware of labor laws and your rights.