What Happens If You’re Injured During Your Probationary Period at Work in New York?

Have you recently started a new position and suffered a workplace injury? Many employees worry about not having any rights in this situation. And in many cases, the fear of losing their jobs stops them from seeking out benefits. In this post, we’ll discuss New York’s workers’ compensation laws and how they impact you during your probationary period.

Do Probationary Employees Qualify for Workers’ Comp in NY?

Yes, workers’ compensation coverage begins on your first day of work. New York doesn’t discriminate between the type of worker you are. Regardless of whether you’re a full-time worker or a seasonal employee, your status won’t invalidate your injury and the benefits that go with it. As long as you file your paperwork, you’ll be covered by state law.

Can You Be Fired for Filing A Claim During Probation?

Your employer can’t simply fire you just because you were injured and filed a claim. That protection is still valid even if you’re on probation. However, keep in mind that New York is an at-will employment state. This means employers can fire you for any reason they see fit, as long as it’s not illegal.

In this situation, things might get complicated. Your employer may let you go for poor performance, poor attendance, or simply because you’re not a “good match” for the position. This is especially true if you’re still on probation, since it’s easier to terminate employees during this time. If they don’t let you go immediately, they might pressure you into not filing a claim for a variety of reasons.

If you feel you were wrongly terminated or threatened at any moment, know that this is illegal under state law. Any employer that does this could face fines and other legal penalties. You may also file a retaliation case against them to protect your rights.

What Benefits Are You Entitled to During Probation?

Medical Treatment

Workers’ comp covers anything that has to do with your injury. This can include any doctor’s visits, treatments, physical therapy, or prescription drugs. If you’ve paid for any expenses out of pocket, the state reimburses you for everything as long as the treatment was seen as appropriate.

Wage Replacement

Temporary benefits offer some financial support while you recover. These weekly cash payouts cover a portion of your lost income and can last up to 26 weeks during a 52-week consecutive period. Once the initial period ends, you’ll need to submit more evidence to receive additional compensation.

Permanent Disability or Scheduled Loss Awards

In the case of long-term or permanent injuries, you’ll be eligible for additional compensation. This could also include a Schedule Loss of Use (SLU) award if you lose a specific body part. Similar to short-term disability payments, the exact amount you receive heavily depends on the severity of your injuries.

How A Workers’ Compensation Lawyer Can Help

New York’s laws protect every worker’s right to file for benefits when they need them. Unfortunately, some employers think they’re above the law and try to prevent workers from getting the help they need.

If you’re in this situation, you’re not alone. Our workers’ compensation attorneys will protect your rights and ensure you receive the benefits you deserve. Please contact us online or at 855-367-0135 to schedule a free consultation with us today.