Can I Lose My Job While on Workers’ Comp in NYC?
Getting hurt at work is stressful enough. Then the fear sets in: If I file for workers’ comp, will my boss fire me? When you are juggling pain, medical appointments, and lost income, the last thing you need is uncertainty about your job.
Here is the honest answer for New York City workers:
- Your employer cannot legally fire you because you filed a workers’ compensation claim.
- New York is an at-will employment state, and employers generally are not required to hold your job open indefinitely. That means they may still terminate employment for other lawful reasons, as long as it is not retaliation or other illegal discrimination.
If you suspect your employer is using your workers’ comp claim as the real reason to push you out, you may have legal options, and you can still protect your benefits.
Greenstein & Pittari, LLP represents injured workers across New York City, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. You can call now for a free consultation. We will listen to what happened, explain your rights in plain English, and map out the next steps.
Call 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation.
Key Takeaways for NYC Workers
- New York is an at-will employment state, meaning employers can terminate employment for many reasons or no stated reason, as long as it is not unlawful.
- Workers’ compensation retaliation is illegal in New York.
- If you are fired while on workers’ comp, you generally keep your workers’ compensation benefits.
- If the termination was retaliatory, you may have a claim for additional remedies, including back pay and other damages separate from your workers’ comp benefits.
Workers’ Compensation in New York City
Workers’ compensation is a no-fault system that provides benefits to employees after a job-related injury or occupational illness. Workers’ comp benefits can include:
- Medical treatment related to your injury or illness
- Wage replacement benefits if you cannot work or can only work limited duty
- Reimbursement for certain related expenses in some circumstances
Many New York City workers are surprised by how complicated a workers’ compensation claim can become, especially when an employer or insurance carrier disputes the claim, pushes for an early return to work, or questions the seriousness of the injury.
If your workers’ comp claim is denied or your benefits are delayed, legal help can make a significant difference.
Can You Be Fired While on Workers’ Comp in NYC?
Yes, it can happen. Being on workers’ compensation does not automatically protect your job. Employers in New York are often not required to keep your position open, even while you are receiving workers’ comp benefits.
However, employers cannot fire you because you filed a claim, tried to file a claim, or testified or participated in a workers’ compensation matter.
Lawful reasons an employer may give
An employer may claim they terminated you due to:
- Performance issues such as documented poor performance, misconduct, or policy violations
- Company restructuring or layoffs, such as budget cuts, downsizing, or elimination of the position
- Other non-retaliatory business reasons
The issue is that sometimes business reasons are used as cover. A termination that looks routine can be retaliation in disguise.
Workers’ Compensation Retaliation in New York
Retaliation occurs when an employer takes adverse action against an employee for exercising a legal right, such as filing for workers’ compensation.
In New York, employers may not discriminate against an employee for:
- Filing or attempting to file a workers’ compensation claim
- Testifying or participating in a workers’ comp matter
Red flags that may suggest retaliation
- You were fired soon after reporting an injury or filing a claim
- Your employer suddenly started documenting performance issues that never existed before
- You were treated differently from coworkers with similar job performance
- The reason for termination keeps changing or does not match the facts
- You were pressured not to file, discouraged from getting medical care, or told to use your own insurance
If something feels off, trust that instinct and get legal advice before the necessary evidence disappears.
If You Are Fired, Do You Keep Workers’ Comp Benefits?
In most situations, yes. If you were legitimately injured at work and your claim is valid, termination usually does not stop your workers’ compensation benefits.
Workers’ comp covers the injury, not the employment relationship. Even if you are no longer employed, you may still be entitled to:
- Ongoing medical coverage for the work injury
- Wage replacement benefits, depending on your disability status and work capacity
Insurance carriers often look for ways to reduce or cut off benefits. A job termination can become an excuse for disputes, especially around return-to-work issues and wage loss.
Returning to Work With Restrictions and Light Duty in NYC
It is common for a treating provider to release someone back to work with limitations, such as no heavy lifting, no prolonged standing, or limited bending.
Is your employer required to offer light duty?
Not necessarily. Employers are not always required to create a job that does not exist.
However, disability laws, including the Americans with Disabilities Act and the New York State Human Rights Law, may require reasonable accommodations in certain circumstances, as long as the accommodation does not create an undue hardship and you can still perform essential job functions.
If you are being pressured to return before you are ready, or told you are being terminated because of restrictions, talk to a lawyer quickly.
What If You Resign While on Workers’ Comp?
If you quit, your workers’ comp claim may continue, including medical benefits and, in many cases, wage benefits if you remain unable to work.
Resigning can create complications if the insurance carrier argues you voluntarily left work for reasons unrelated to the injury. Before you resign, could you get legal guidance?
Steps to Take if You Were Fired While on Workers’ Comp in NYC
- Ask for the reason in writing if possible
- Document everything, including dates, conversations, witnesses, and changes, after you filed
- Save communications, including emails, texts, disciplinary memos, schedules, and HR messages
- Keep medical records and work restrictions from your provider
- Do not assume the insurance company will do the right thing since termination often triggers disputes
- Talk to a workers’ compensation lawyer in NYC quickly to preserve deadlines and evidence
How Greenstein & Pittari, LLP Helps Injured Workers in New York City
When an NYC worker gets injured, the system can feel stacked against them. Employers have HR departments. Insurance carriers have adjusters and lawyers. You deserve someone on your side who knows how these cases play out in the real world.
Greenstein & Pittari, LLP can help you:
- File your workers’ compensation claim aggressively and adequately
- Challenge denials, delays, and underpayments
- Protect your benefits if you are terminated
- Evaluate whether your termination was illegal retaliation or discrimination
- Build the evidence needed to pursue the remedies you may be entitled to
We represent injured New Yorkers across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
Free consultation. Call 1-800-VICTIM2 (1-800-842-8462) now.
NYC Workers’ Comp Practice Areas We Handle
- Construction accidents and Labor Law-related injuries
- Ladder and scaffold falls
- Repetitive stress injuries, including back, shoulder, wrist, and knee injuries
- Warehouse, delivery, and commercial driving injuries
- Healthcare worker injuries, including lifting injuries, needlesticks, and workplace violence
- Slips and falls at work
- Occupational illness and exposure claims
If your injury happened on the job anywhere in New York City, we are here to help.
FAQ: Losing Your Job While on Workers’ Comp in NYC
Can my employer fire me for filing workers’ compensation in New York?
No. Firing you because you filed or tried to file a workers’ compensation claim can be illegal retaliation.
Can I be fired while I am out on workers’ comp?
Yes. New York is generally an at-will employment state, and employers may terminate employment for lawful reasons unrelated to the workers’ comp claim.
Does my employer have to hold my job open while I am receiving workers’ comp?
Often, no. Employers generally are not required to hold a position open indefinitely, though disability laws and other rules may apply in some instances.
If I am fired, do I lose my workers’ comp benefits?
Usually, no. A valid workers’ compensation claim typically continues even if you are no longer employed.
What if my employer says I am being fired for performance, but I think it is retaliation?
That is common. Employers rarely admit retaliation directly. If the timing and facts do not add up, a lawyer can help investigate and build evidence.
What are the signs I may have been fired in retaliation for workers’ comp?
Common red flags include being fired soon after reporting an injury, sudden disciplinary action after you file, inconsistent explanations for termination, or being treated differently from others.
What if my doctor clears me for light duty, but I cannot do my old job?
You may still be entitled to benefits depending on your disability status. Whether your employer must accommodate restrictions depends on the job and the situation.
Do you know whether my employer is required to provide light duty in NYC?
Not always. An employer typically does not have to create a new job, but disability laws may require reasonable accommodations in certain circumstances.
What if I refuse a return-to-work offer?
It depends. Refusing suitable work can create issues with wage benefits. Could you speak with a lawyer before refusing a return-to-work offer?
Can I file a retaliation or discrimination claim in New York?
Potentially, yes. New York law provides protections against retaliation for workers’ compensation claims, and deadlines may apply. It is best to act quickly.
Should I talk to a lawyer even if I am not sure it was retaliation?
Yes. A quick review can clarify whether your employer’s reasons are lawful and help you protect benefits and evidence either way.
How long do I have to act if I believe I was fired for filing a workers’ comp claim?
Deadlines can be short and depend on the type of claim. Speak with a lawyer as soon as possible if you suspect retaliation.
Why Choose Greenstein & Pittari, LLP
- Local Harlem office for convenience and trust
- No fee unless we win your case with our Fee Guarantee
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-rated, award-winning lawyers, including Best Lawyers and Super Lawyers recognition
Do not be a victim twice.
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