Understanding your rights is essential if you’re receiving workers’ compensation and find yourself facing termination. In these situations, consulting an attorney is critical to ensure your rights are protected.
It’s important to know that workers’ compensation laws protect employees from retaliation by their employers. An employer cannot fire an employee because they filed a workers’ compensation claim or sustained a work-related injury. However, being on workers’ compensation does not guarantee job security if there are other legitimate reasons for termination.
Some common reasons for termination while an employee is on workers’ compensation that could be considered legal include:
An employer may legally terminate an employee for reasons unrelated to their workers’ compensation claim. However, firing someone because they filed a claim is considered retaliation and is illegal. If you suspect that your termination was motivated by the fact that you filed for workers’ compensation, you may have grounds for a wrongful termination lawsuit.
Retaliation can come in various forms, including:
In these cases, it’s crucial to speak with an attorney. They can help you assess the situation and take legal action if necessary.
If you are terminated while receiving workers’ compensation, it’s essential to know that you will continue to receive your benefits. You still receive medical care, wage replacement, and any other applicable benefits even if your employment ends. However, it’s also important to explore whether your termination was lawful.
If you’ve been terminated while on workers’ compensation, regardless of the reason given, it’s wise to speak with an attorney to better understand your rights. An experienced workers’ compensation lawyer can help determine whether the termination was lawful and protect your access to ongoing benefits. For more information or to speak to someone about your situation, contact Borrelli & Associates, P.L.L.C.
Disability accommodations are meant to ensure that everyone has a fair chance to succeed at…
Employee handbooks are more than just guides for workplace policies. They can have real legal…
Alonzo Baez v. Mariscos Ramirez, Inc. d/b/a Marisco Centro and Zolio Ramirez a/k/a Chelo Ramirez,…
Remote work has become a permanent part of the employment landscape, especially in New York.…
In New York, many employers still enforce dress codes, even in today’s more casual work…
The gig economy has changed the way many people in New York earn a living.…