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Can My Employer Retaliate If I Claim Workers’ Comp?

Employees should know their rights and responsibilities, especially during a workplace incident. However, some studies have shown that less than 5% of workers report their injuries to OSHA. Workers remain silent for many reasons, including fear of retaliation from their employers. If you’re in this situation, remember that your company can’t legally stop you if you need compensation for your workplace injuries.

What Is Employer Retaliation?

Employer retaliation can take many forms, but all of them aim to intimidate or penalize you for reporting workplace incidents. These are the most common actions:

  • Being terminated from your place of employment
  • Getting demoted to an unfavorable putting
  • Substantially reducing your work hours
  • Being subjected to verbal or physical abuse
  • Threatening to report the police about your immigration status
  • Spreading rumors or sharing personal information about you

Regardless of the type of retaliation, companies that do this can face severe consequences for their actions.

Workers’ Retaliation Laws In New York State

Employer retaliation of any kind is illegal under New York’s labor laws. Businesses caught engaging in discriminatory actions towards an employee are subject to fines and penalties based on the severity of the incident.

You’re also entitled to certain rights and protections under the law, including:

  • Gathering information for your workers’ comp claim
  • Truthfully answering any questions from a Labor Department Investigator
  • Filing to get compensated for any lost wages
  • Asking your employer to fix a specific labor violation in your workplace
  • Not being subject to retaliation for exercising your labor rights

Remember that these laws are here to protect you from abusive labor practices and to receive the help you need if you suffer a workplace injury. Regardless of your company’s actions, you still have the right to file a workers’ compensation claim without penalty.

How Long Does It Take To Settle A Workers’ Comp Case In NY?

A case can take one to two years to settle, depending on its severity. A defendant’s insurance company may also prolong the process by taking longer to give you a settlement offer. They may do this to try to persuade you to accept a lesser payout or even drop the claim altogether.  Hiring an experienced lawyer will help you negotiate with these insurance companies for a better settlement. 

We Will Hold Your Employer Accountable

Many employees are unaware of their legal protections and won’t report the incident out of fear. However, a company can’t hold you back from applying for work-related benefits and winning compensation for your injuries. New York’s labor laws are designed to ensure you can freely assert your rights as an employee without fear of reprisal. 

If you’re still experiencing employer retaliation at your job, our team of workers’ compensation attorneys is here to assist you. We’ve helped thousands of customers negotiate favorable settlements with insurance companies and employers. If you have questions about your case or want to schedule a free consultation, please contact us online or call us at 855-208-7783 today.

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