Losing your job while you’re on workers’ compensation can be a stressful and confusing experience. You might wonder how it will impact your benefits, your ability to continue receiving medical care, or even your right to future compensation. In New York, workers’ compensation laws are designed to protect injured employees, but the situation becomes more complex when employment is terminated. This blog will explore what happens if you get fired while receiving workers’ compensation and what rights you have to ensure you’re still covered.
Your Rights While On Workers’ Comp
While you’re receiving workers’ compensation in New York, you retain several key rights designed to protect you during your recovery. First and foremost, you’re entitled to continue receiving your benefits, which include wage replacement and coverage for medical expenses related to your workplace injury. These benefits should remain in place as long as your injury prevents you from returning to work, regardless of your employment status.
Additionally, you have the right to access proper medical treatment. Workers’ compensation should cover necessary treatments, therapies, and follow-up appointments to help you recover. Your employer’s insurance company cannot deny this care simply because you are no longer employed.
Another important right is protection against retaliation. It’s illegal for an employer to fire you solely because you filed a workers’ compensation claim. While you can be terminated for legitimate reasons, such as company downsizing or unrelated misconduct, firing you as a form of punishment for seeking benefits violates New York law.
Understanding these rights is essential in ensuring that you receive the full benefits and protections available to you during your recovery period.
What Happens If I Get Fired While On Workers’ Comp?
In New York, where employment is “at-will,” your employer can fire you for almost any reason—or for no reason at all—except for illegal reasons, such as discrimination or retaliation for filing a workers’ compensation claim. Being in an at-will state means that you could lose your job while on workers’ compensation for reasons unrelated to your injury, such as poor job performance or company downsizing. However, this does not mean that your workers’ compensation benefits will stop.
Even if you are terminated, your right to receive workers’ compensation benefits, including wage replacement and medical coverage, remains intact as long as your injury continues to prevent you from working. Workers’ compensation is tied to the injury itself, not your employment status. This means that if your firing is unrelated to your injury or your claim, your benefits should not be affected.
That said, some complications can arise, especially if your employer claims your termination was due to misconduct or other legitimate reasons. In these situations, it’s crucial to have legal representation to ensure your rights are protected. The experienced team at Katz, Leidman, Freund & Herman can help you navigate the complexities of the workers’ compensation system, making sure you continue to receive your benefits and defending you against any attempts to cut off your compensation unfairly.
What To Do After Getting Fired While On Workers’ Comp
If you get fired while on workers’ compensation, it’s important to take several steps to protect your rights and ensure you continue receiving the benefits you’re entitled to:
Continue Your Medical Treatment
Being fired doesn’t end your right to medical care for your injury. Make sure you continue attending your doctor’s appointments, following prescribed treatments, and keeping detailed records of your medical care. These records will help prove your ongoing need for workers’ compensation benefits.
Document the Reason for Your Termination
Ask your employer for a written explanation of why you were fired. New York is an at-will employment state, but your employer cannot legally terminate you as retaliation for filing a workers’ comp claim. Having a documented reason for your termination can help determine if it was lawful.
Contact a Workers’ Compensation Attorney
If you’re unsure whether your termination was lawful or you face issues with your workers’ compensation benefits after being fired, it’s essential to consult with a knowledgeable attorney. The attorneys at Katz, Leidman, Freund & Herman can review your case, protect your rights, and ensure that you continue receiving your workers’ compensation benefits.
Watch for Retaliation Claims
If you suspect your firing was related to your workers’ compensation claim, you may be able to file a claim for retaliation. An experienced attorney can help you assess the situation and take appropriate legal action.
Keep Communicating with Your Employer’s Workers’ Comp Insurer
Even if you’re no longer employed, you should maintain communication with the insurance company handling your workers’ compensation claim. They are still responsible for providing your benefits as long as your injury qualifies you for compensation.
Taking these steps will help you navigate the challenges of losing your job while on workers’ compensation and ensure that your rights and benefits are protected.
How a Workers’ Compensation Attorney Can Help
At Katz, Leidman, Freund & Herman, we know that being fired while on workers’ compensation can raise many concerns and uncertainties. Our experienced workers’ compensation attorneys are dedicated to protecting your rights and ensuring you continue to receive the benefits you deserve. Here’s how we can help:
1. Evaluating the Legality of Your Termination
One of the first things we’ll assess is whether your termination was legal. New York is an at-will employment state, meaning employers can fire employees for various reasons, but they cannot fire you as retaliation for filing a workers’ compensation claim. We will thoroughly investigate the circumstances of your firing to determine if your rights have been violated and whether further legal action, such as a retaliation claim, is warranted.
2. Ensuring Continuation of Workers’ Comp Benefits
Being fired does not mean you lose your workers’ compensation benefits. As long as your injury prevents you from returning to work, you’re entitled to continue receiving benefits. We will work to ensure that your wage replacement and medical coverage are not interrupted, and we’ll challenge any attempt by the employer or their insurer to reduce or cut off your compensation.
3. Handling Disputes with the Insurance Company
If your employer’s workers’ compensation insurer disputes your claim after your termination—perhaps questioning the severity of your injury or your eligibility for continued benefits—we will step in to negotiate on your behalf. Our team has extensive experience dealing with insurance companies and will fight to make sure you get the benefits you are entitled to.
4. Filing a Retaliation or Wrongful Termination Claim
If your employer has fired you as retaliation for filing a workers’ comp claim, you may have a legal right to file a retaliation or wrongful termination lawsuit. We will guide you through this process, gathering the necessary evidence and filing the appropriate claims to hold your employer accountable for their unlawful actions.
5. Providing Ongoing Legal Guidance
Workers’ compensation cases can be complex, especially after a termination. We will provide you with ongoing legal support, from navigating the claims process to representing you in hearings or appeals. Our goal is to alleviate your stress, allowing you to focus on your recovery while we handle the legal details.
At Katz, Leidman, Freund & Herman, we are committed to standing by your side during this challenging time. Let us help protect your rights and secure the workers’ compensation benefits you need to move forward.
Fired While on Workers’ Comp? Get Legal Help Today!
If you’ve been fired while on workers’ compensation, it’s crucial to act quickly to protect your rights. At Katz, Leidman, Freund & Herman, our dedicated attorneys are ready to help you navigate the complexities of your situation and ensure you continue receiving the benefits you deserve. Whether you’re facing challenges with your compensation or suspect your termination was unlawful, our team will fight for your best interests. Contact us today for a free consultation and let us help you secure the support you need during this difficult time.