New York Legal Authority
The workers compensation insurance system in New York is a compromise. The deal is workers are able to obtain compensation and medical treatment for injuries they receive on the job in return for having given up the ability to sue their employer for compensation in a personal injury law suit.
The expectation is that injured workers quickly report their injuries, they receive medical treatment to allow them to recover and return to work and the employer is spared the costs of litigation over the accident and injury.
It is also hoped that the employer will use the accident reports as a way of improving job safety, to prevent future accidents and help keep its workers’ compensation premiums low. It is also hoped that employees are encouraged to report their injuries, so they do not work injured and exacerbate their injuries into something that could eventually leave them disabled.
A New York appeals court recently found a warehouse chain was violating the workers’ compensation law by firing probationary employees who applied for workers’ compensation benefits. Ostensibly, the policy was to promote workplace safety.
The New York workers’ compensation statute contains a broad prohibition on this type of policy and the court noted that the statute prohibits the employer from using a “preemptive retaliatory discharge” if a worker is considering filing a workers’ compensation claim.
If you have been fired in retaliation for filing a workers’ compensation claim by your employer you should speak with an attorney, as such behavior is a clear violation of New York’s protection for injured workers.
Source: Courthouse News Service, “Workers’ Comp Policy Harmed Newer Hires,” Marlene Kennedy, July 9, 2013
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New workers cannot be fired for workers’ comp claim
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