Workers Compensation
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Helping the Injured Seek Justice and Financial Compensation.

Employer Retaliation

Workers’ Compensation Lawyer Serving New York

It is not uncommon for an injured employee to worry about losing his or her job because he or she has filed for workers’ compensation benefits. Each state has its own implementation and interpretation of workers’ compensation laws, including those that prohibit employers from retaliating against employees for exercising their right to file workers’ compensation claims. An injured employee should not have to worry that he or she will be fired or demoted for seeking benefits, though it does happen in some situations. Employees who have been retaliated or discriminated against in conjunction with a workers’ comp claim may hold their employers accountable.

Serving injured and disabled workers across New York and nationwide, Napoli Shkolnik PLLC is committed to helping those who have been victimized by employer retaliation. Our workers’ compensation attorneys recognize that such conduct is prohibited by state law and will take immediate action to help a wronged employee seek damages for losses suffered and harm done.

 

Employer Retaliation in New York

Employer retaliation is against the law in New York. The New York State Workers’ Compensation Board offers the following information regarding retaliation and discrimination for workers’ comp claimants:

An employer may not fire or otherwise discriminate against an employee or applicant who has claimed or attempted to claim workers’ compensation. An employee who has testified or is about to testify in a workers’ compensation proceeding is also protected. Violators of the law are subject to a penalty of $100 to $500.

If you work in New York and have been retaliated against for filing, attempting to file or participating in a workers’ compensation claim, you must file a complaint with the nearest Workers’ Compensation Board District Office. 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. An attorney at our firm can help you in filing your claim and pursuing the damages you rightfully deserve.

 

Workers’ Compensation Demotion, Termination or Discrimination

Employees injured in workplace accidents, diagnosed with occupational diseases or suffering from any type of work-related injury or illness have the right to seek workers’ compensation. They have the right to file claims in order to seek cash benefits and medical care. They are also protected against employer retaliation for choosing to pursue workers’ compensation; this includes conduct such as:

Termination. An employee may not be fired or denied his or her job back after a medical leave simply because that worker has pursued workers’ compensation.

Demotion. An employee may not be demoted to a lower position in the company or given lesser job assignments and pay because he or she has sought workers’ comp benefits.

Discrimination. An employee may not be treated unfairly or otherwise discriminated against for filing a workers’ compensation claim. Injured employees who wish to return to work may also be protected from discrimination based on a physical or mental disability by the Americans with Disabilities Act of 1990.

Other Retaliation. An employee may not be subject to mistreatment, harassment or other retaliation for filing a workers’ comp claim.

If you or someone you know has been subject to employer retaliation for filing a workers’ compensation claim or testifying in another worker’s case, you may be able to get your job back and recover monetary damages for lost earnings. A New York workers’ comp lawyer at our firm can explain more – contact us today for a free case review.