Were You Fired During Workers’ Comp Leave? Here’s How to Respond
Receiving the news that you’ve been fired while on workers’ comp leave can add more financial, mental, and emotional stress to an already challenging situation. However, as a worker in New York, remember that you have specific rights and protections under the state’s law. Learn more about what legal steps you should take if you’re facing this issue.
Can You Be Fired While On Workers’ Comp Leave In NY?
New York’s workers’ comp law lets you submit a workers’ comp claim without worrying about your employer firing you. If they do, that’d be considered retaliatory and illegal under the state’s law. However, this doesn’t mean they need to hold your job until you’re well enough to work, and there are certain situations where they can fill your position while you’re away.
Employers can still fire you for legitimate reasons unrelated to your claim, such as poor performance. If you’re unsure why they fired you, determine whether your workers’ comp claim was the main reason before pursuing legal action against them.
What To Do If You’re Terminated On Workers’ Comp Leave
If you’ve been let go while on workers’ comp leave, there are a few steps you should take immediately after you’re notified by your employer:
Document The Incident
Immediately gather all details surrounding your termination. This includes the date, time, or any reasons your employer gives. Also, keep all related emails, record any calls, or save any other forms of communication from your employer. Every exchange you have may serve as crucial evidence if you decide to file a claim.
Check Your Employment Contract
Review your employment contract, including their employment policies. Many might have specific clauses detailing workers’ comp leave and termination. Knowing these rules will help determine whether your employer violated contractual terms or company policies.
File a Claim for Wrongful Termination
If you have evidence your employer retaliated against you for being on workers’ comp leave, consider filing a wrongful termination claim. New York law takes this situation seriously, and the state encourages workers to seek justice. After you settle your claim, you may receive compensation for wrongful dismissal.
Hire An Attorney
When your employer terminates you while on workers’ compensation leave, it can be tough to navigate the process alone. For this reason, hiring an attorney specializing in workers’ compensation law will be a massive help. They’ll evaluate your case, determine if your employer violated your rights, and provide you with the expertise needed to guide you through the legal process.
We Can Help You Seek Justice
If your employer fired you while you were on workers’ compensation, you can hold them accountable for their actions. Our experienced New York workers’ compensation lawyers are here to help you take the next step and explore your legal options. We’re committed to protecting your rights, and you receive the compensation you deserve. Please contact us online or at 855-905-4452 if you have any questions or want to schedule a free consultation today.