Suffering a work injury that may require you to miss work is overwhelming and anxious enough. If you are injured at work and then fired because of it, it will only compound your anxiety, stress, and fear of what is to come. Employees have a right to file a workers’ compensation claim if they suffer a work-related injury or illness, and they should not have to fear being fired for filing a claim. New York law recognizes this and addresses workers’ compensation claims and wrongful termination. 

If you were recently involved in a work accident and injured, you are probably wondering, Can I be fired if I file a workers’ comp claim? The simple answer is no. Under New York Law, you cannot legally lose your job in retaliation for filing for workers’ comp benefits.

New York Workers’ Compensation Law

Under New York law, all employers must carry workers’ compensation insurance to compensate employees for injuries sustained during employment. Workers’ comp insurance covers the cost of medical treatment, supplements lost wages, and reimburse rehabilitation costs. Notably, if you are an independent contractor, you likely do not qualify for workers’ compensation benefits. 

At-Will Employment 

Like many other states, New York is an “at-will employment” state, meaning an employer can terminate an employee at any time, for any reason, unless they discriminate or illegally retaliate against their employee. It also means an employee can quit or voluntarily leave for any reason. Most employment is considered at-will employment unless you have an employment contract stating otherwise. 

There are provisions in the New York State workers’ compensation regulations and the U.S. Equal Employment Opportunity Commission that address when an employee’s termination is not justified following a work accident.

What Is Retaliatory Discharge?

The retaliatory discharge definition is broad and can encompass many situations. It refers to when an employer terminates an employee as a punishment for something other than work performance—usually for exercising a legally protected right. 

In other words, if your boss fires you because you filed a workers’ comp claim, this is unlawful and is considered a wrongful discharge. In fact, according to the U.S. Equal Employment Opportunity Commission, retaliation is one of the most frequently alleged bases of discrimination by employers. 

New York law, like most states, makes it clear that employers cannot fire a worker solely because they filed a claim for workers’ comp benefits. However, this, unfortunately, does not stop some employers from doing just that. 

What If I Was Discharged for Another Reason?

Employers often try to justify their actions by claiming there is another legitimate reason for letting their employee go. Not all employers are bad apples, and there are lawful reasons an employer can fire an employee after the employee files for workers’ compensation benefits.

Examples of valid reasons for termination may include:

• Committing a crime,
• Misconduct in the place of business,
• Poor job performance,
• Insubordination,
• Multiple unexcused absences,
• Lack of available work,
• Economic downturn, and
• Profit loss.

It can be challenging to prove your termination was unlawful when your employer cites a valid business reason. 

However, you still have the right to file for workers’ compensation benefits. Being let go as part of a reduction in force or for a legitimate performance-based reason does not generally affect your right to workers’ compensation benefits. The same is true if you quit your job after suffering a workplace injury. If you were injured on the job, you can file for benefits even if you stop working for that employer after your injury.

I Had to Miss Work Because of My Work Injury and Was Let Go: Was My Termination Illegal?

If you are unable to work following an on-the-job accident, you are covered by the Family Medical Leave Act (FMLA). That means your employer cannot fire you within twelve weeks of your injury based on your inability to work. If you still cannot return to work after that time, your employer may be able to terminate your employment. However, if you can work with accommodations, you may have additional protections under the Americans with Disabilities Act.

If you are able to return to work and your employer fires you anyway, you can seek to hold them accountable by filing a discrimination claim. Examples of when being fired after a work accident are not justified include if an employee:

• Reports a work accident,
• Files a workers’ compensation claim,
• Hires an attorney,
• Seeks medical treatment,
• Misses work to seek medical treatment,
• Does not perform tasks above their physician-ordered work restrictions, or
• Takes leave per the Family Medical Leave Act (FMLA).

Being let go for any of these reasons may be unlawful and discriminatory. The best way to determine if you were terminated unlawfully for filing a workers’ comp claim or taking FMLA leave is to speak with a knowledgeable work injury attorney. 

New York Retaliatory Discharge Claim

There are several ways in which an employer can take retaliatory action against an injured worker other than firing them. An employer could demote employees, cut their hours, fail to promote them, prevent them from seeking medical treatment, or verbally threaten to fire them. 

Injured at Work and then Fired?

Proving a retaliatory discharge claim is not as simple as it may seem because there usually isn’t “smoking gun” evidence that your employer acted unlawfully. Chances are your employer will not spell out in writing, “I am firing you because you filed a workers’ comp claim.” Instead, they will provide other reasons, likely not even in writing. This means to prove your claim, you will need to gather evidence that cumulatively shows employer misconduct. Examples of this evidence may include:

• Communication and correspondence (e.g., emails, text messages, and memos),
• Phone conversations and voicemails,
• Witness statements, and
• A pattern of employer behavior (e.g., previous employee testimony that they were also fired or demoted for filing a workers’ comp claim).

One of these pieces of evidence alone may not be enough to prove your claim. Still, multiple pieces of circumstantial evidence can lead to a strong case for retaliatory dismissal. 

An experienced attorney can help you investigate your claim, gather evidence, and formulate a strategy to hold your former employer responsible. 

New York Work Injury Lawyers

At Ferrante & Koenig, we have helped hundreds of people get back on track after suffering work injuries and wrongful termination. If you are injured at work and then fired, we understand this may be a financially difficult time in your life, and we always offer free consultations. Meet with one of our experienced lawyers for a no-cost case review. You should be focusing on your recovery. Call us today, and let us handle the rest.

On-the-job car accidents are more common than you might think, mainly if the nature of your job entails driving. Employees involved in car and truck accidents that happen in the course of work can be eligible for workers’ compensation benefits. The facts and circumstances surrounding the car accident will dictate whether you qualify for workers’ compensation or may have other means of recovering compensation. 

A car accident while working, whether in a company vehicle or in your vehicle, can give rise to many issues, multiple concerns, and several claims. Work-related car accidents can be complex and involve individuals and entities with varying degrees of fault. These cases can get complicated quickly and require an experienced attorney knowledgeable in many aspects of the law. If you are wondering how to file a workers’ compensation claim or a civil lawsuit, contact our team at Ferrante & Koenig. 

Who Is Responsible for an Accident on the Job?

Respondeat superior is a legal term that means an employer or principal is liable for the wrong of an employee or agent if it was committed within the scope of employment. Simply, this means your employer may be liable to you and third parties due to a car crash while you are working.

In many situations, an on-the-job car accident would likely qualify for workers’ compensation. Workers’ comp typically applies in your car or a company vehicle as long as you carry out work duties. 

Some common examples of on-the-job car accidents covered by workers comp’ include:

• Running an errand for the company or your boss,
• Commuting to an off-site job,
• Transporting co-workers for work purposes,
• Making a delivery for your employer, and
• Travel in which your employer reimburses you for mileage, gas, etc. 

In addition to providing workers’ compensation, your employer typically indemnifies or protects you individually from legal fees if you injure someone else. That person files a personal injury claim against your employer’s insurance. 

What Would Disqualify Me from Workers’ Compensation Benefits? 

Just as common scenarios may qualify you for workers’ comp, many situations may disqualify you for benefits. 

Criminal Activity

Any criminal activity while on the clock and using a company vehicle will disqualify you from receiving benefits. This includes drunk driving, driving under the influence of drugs, engaging in prostitution, or going to commit a robbery.

Traffic Infractions

If an employee is driving recklessly or committing traffic violations, they may be at fault for the accident and not qualify for work benefits. Examples include falling asleep while driving, texting while driving, failing to obey traffic signals, careless driving, and more. 

Commuting to and from Work

Unlike car wrecks while you are on the clock, car wrecks during your commute to and from work typically aren’t covered by workers’ comp. You are not considered officially on company time because your shift has not started or has already ended.

Independent Contractor

If self-employed, you generally do not qualify for workers’ comp. 

Activity Not Authorized by Your Employer

Activities not explicitly a part of your job description can be more of a gray area. If you act outside your job duties, you might not be eligible for workers’ comp. For instance, if you are supposed to courier documents from office A to office B but stop at the mall in between without permission from your employer, you may find yourself fighting for workers’ compensation benefits. 

Can I File a Civil Lawsuit Against the Other Driver for an Accident on the Job?

Whether or not you qualify for workers’ compensation benefits, you may be able to file a civil lawsuit against the negligent driver. If the other driver was negligent and caused the accident, you may have a civil claim against them. Filing a lawsuit against the negligent driver can be appropriate in certain situations, especially if you have ongoing and long-term pain, lost wages, and other negative consequences from the accident. 

Worker’s compensation covers only medical bills and a portion of lost wages and medical bills. It does not cover pain and suffering or other non-economic damages. A lawsuit against a negligent driver can help you recover these damages.  

Third-Party Complaint

You may also have a viable third-party complaint. Suppose the cause of the accident was a vehicle defect such as faulty brakes or a malfunctioning engine. In that case, you may have a claim against a third party, including the vehicle or parts manufacturer. 

What If Both Drivers Are Partially at Fault?

Under New York’s comparative negligence statute, all parties involved in a work-related motor vehicle accident can seek compensation according to their liability. The statute also extends to liable employers. Simply put, both parties at fault for an accident can sue the other party. However, the amount of compensation each party receives will depend on the level of their contribution to the accident.

Example Scenario

If Driver A was texting while driving and ran through a red light and Driver B was speeding, and they collided in an intersection, both drivers may be at fault for the accident. If Driver A was driving a company car, their employer might be held vicariously liable for Driver B’s injuries.

New York City Taxi & Rideshare 

New York, particularly New York City, is unique due to the prevalence of taxis and rideshare vehicles. Under New York law, employers must carry workers’ comp insurance, and employees are generally entitled to benefits. Workers’ comp insurance covers employees, not independent contractors. In NYC, many taxi and rideshare drivers are independent contractors and, therefore, not typically entitled to workers’ comp benefits. 

New York Work Injury Lawyers

At Ferrante & Koenig, we understand the minutes, hours, and days following an on-the-job car accident can be filled with fear and anxiety, so we provide each client with open communication and personalized attention. If you are unsure whether you may have a workers’ compensation claim, a civil claim for damages, or both, don’t fret. Contact us to schedule a free consultation to discuss your case. We will assess all options available to you.

Suppose you are at work, trip on uneven tiles, and break your arm. You might be wondering, I was injured at work. Can I sue? How you might receive compensation for your injury is a valid concern. After an injury, it is common to feel anxious, overwhelmed, and have an automatic response to sue. However, if your injury occurred at work, it is not simple. Let’s explore what situations you may be able to sue your employer after a work injury. We’ll also touch on workers’ compensation benefits under New York Law. 

New York Law

New York law requires all employers to carry workers’ compensation insurance to compensate employees for sustained injuries. Workers’ comp insurance covers the cost of medical treatment, provides lost wages, and pays for rehabilitation costs. Generally, employees injured in a work-related accident are limited to filing a workers’ compensation claim and cannot sue their employer in a personal injury lawsuit. However, there are exceptions.

Intentional Acts

If an employer intentionally caused your injury, they may be held personally liable for your damages. Proving their intent is the key to successfully suing an employer for their actions. This is often challenging and complex. If your injury results from your employer’s deliberate behavior, it is best to speak with an experienced attorney to discuss your options. 

Uninsured or Underinsured Employer

In New York, as in most states, employers must carry workers’ compensation insurance. However, some may carry insufficient coverage or none at all. If this is the case, and you are injured while working, you may be able to sue your employer in a civil lawsuit.

Third-Party Complaint

Sometimes the reason for an employee’s work injury is not the employer’s fault. Instead, it is an outside party responsible for the cause of the accident. If a third party is at fault, you may be able to pursue a third-party claim or lawsuit against them outside of a workers’ compensation claim. There are many examples of third-party liability. Common situations include:

• Accidents caused by a defective product (e.g., defective brakes),
• Injury from a slip-and-fall on someone else’s property,
• Injury from a car accident caused by another driver, and
• A subcontractor or vendor causes accidents.

A third party—not your employer—may be liable for your injuries in these scenarios. An experienced attorney can help you assess your situation for potential liability.

What Is the Process for Filing a Workers’ Compensation Claim in NY?

If you are hurt at work, knowing what steps to take to file a workers’ compensation claim successfully is essential.

Medical Attention

First and foremost, immediately seek the necessary medical treatment. Many injuries are immediately apparent, but some develop over time or are not realized until the initial shock subsides. It is imperative to seek medical attention right away.

Notify Your Employer 

You must notify your employer of your injury within 30 days. But don’t wait. It is best to inform them as soon as possible.

File a Claim 

After you notify your employer of your injury, you must file a claim with the New York State Board of Workers’ Compensation. You are required to complete a specific form known as Form C-3. As with notifying your employer, filing a claim immediately or soon after the incident is critical. You only have two years from the accident date to file your claim.

Preliminary Medical Report

Your treating doctor will complete a preliminary medical report, Form C-4, within 48 hours of your injury. You must mail a copy of the information to the workers’ comp board and your employer’s insurance carrier.

Written Statement of Your Rights

The insurance carrier will provide you with a written statement of your rights under the law within 14 days of receiving your injury report.

When Will I Start Receiving Benefits?

You should start receiving compensation within 18 days of receiving your injury report unless the insurer is disputing your claim. While hiring an attorney to file a workers’ comp claim is not required, it is always recommended. An attorney will help expedite the process and ensure you receive all eligible benefits. At Ferrante & Koenig, there is no cost to speak with us. Call us to schedule a consultation.

Sustaining an injury while working can be a stressful and challenging experience. Fortunately, workers’ compensation benefits can help those injured in the course and scope of their employment. In New York, the workers’ compensation system is designed to protect workers and ensure they receive the benefits they deserve. If you were injured on the job in New York, this guide will provide step-by-step instructions and tips for filing your claim.

Introduction to New York Workers’ Compensation Benefits

In New York, workers’ compensation benefits provide financial support and medical care to employees who have suffered work-related injuries or illnesses. The main benefits offered under the workers’ compensation system include the following:

• Medical care. Workers’ compensation can cover all related and necessary medical treatment for your work injury. Benefits can include reimbursement for doctor visits, surgeries, medications, and physical therapy.
• Lost wages. If you cannot work due to a work-related injury, you may be eligible for temporary disability benefits. Temporary disability benefits can replace a portion of your lost wages.
• Permanent disability benefits. If your work-related injury results in a permanent injury, you could be eligible for permanent disability benefits.
• Vocational rehabilitation. If you cannot return to your previous job because of work-related injuries, workers’ compensation may cover vocational rehabilitation services to help you find new employment or train for a new occupation.
• Death benefits. If workers die from work-related injuries, their dependents may be eligible for death benefits.

If you have questions about benefits under the workers’ compensation program, please contact a New York workers’ compensation lawyer. 

Who Is Eligible for NY Workers’ Compensation Benefits?

In New York, most employees are eligible for workers’ compensation benefits, regardless of the employer’s company size or the nature of their work. This inclusion extends to full-time, part-time, and temporary workers. However, certain categories of workers may be exempt from coverage. Examples include: 

• Independent contractors,
• Domestic workers employed in a private home for less than 40 hours per week,
• Volunteers and unpaid interns,
• Sole proprietors or partners in a business, and
• Certain religious and nonprofit workers. 

When unsure whether you qualify for workers’ compensation benefits, consult a knowledgeable attorney or contact the New York State Workers’ Compensation Board for guidance.

Process of Reporting and Filing a Workers’ Compensation Claim in New York 

Understandably, you likely don’t know how to report and file a workers’ compensation claim. Read on to learn everything you need to know about the claims process for workers’ compensation benefits. 

Reporting Your Injury

Start by notifying your employer in writing as soon as possible. Include details about the date, time, location, and nature of your injury. New York law requires you to report your injury to your employer within 30 days. Failing to report within this timeframe could jeopardize your workers’ compensation benefits.

Next, be sure to document the incident. Keep a record of the incident and any relevant details, including witness information, photographs, and surveillance footage. This documentation may be helpful when filing your claim and providing evidence of your injury.

Seeking Medical Treatment

Seek immediate medical attention after the accident. Once you report your injury to your employer, seek medical treatment immediately. Explain to your healthcare provider that your injury is work-related, and provide them with your employer’s information.

Follow your doctor’s recommendations. It’s crucial to follow the treatment plan provided by your doctor. Failing to comply with medical advice can negatively impact your claim and may lead to a denial of benefits.

Keep records of your medical treatment. Maintain thorough records of your medical treatment, including doctor’s notes, prescriptions, medical bills, and any related expenses. These records will be essential when filing your claim and calculating your benefits.

Filing Your New York Workers’ Compensation Claim

When you’re ready to file your workers’ compensation claim, here’s a step-by-step guide. 

Step 1: Obtain and complete Form C-3. You must complete Form C-3, “Employee’s Claim for Compensation.” This form is available on the New York State Workers’ Compensation Board website, or you can request it from your employer.

Step 2: Submit Form C-3 to the Workers’ Compensation Board. Once you complete the form, mail the original to the appropriate Workers’ Compensation Board office in New York. Make sure to keep a copy for your records. You must file your claim within two years from the date of your injury, or you may lose your right to benefits.

Step 3: Notify your health care provider. Inform your healthcare provider that you have filed a workers’ compensation claim. Your health care provider must submit medical reports to the Workers’ Compensation Board and your employer’s insurance carrier to support your claim. Ensure that the doctor you’re treating with is authorized by the New York State Workers’ Compensation Board to treat work-related injuries.

Attend the Independent Medical Examination (IME)

Your employer’s insurance carrier may require you to attend an independent medical examination (IME) with a doctor of their choosing. This examination will assess your injury and determine the extent of your disability. Attending this appointment is crucial, as failing to do so can result in suspending your benefits.

Be honest and accurate during the IME. You must provide accurate and truthful information about your injury and its impact on your daily life. Do not exaggerate or minimize your symptoms, as this can harm your credibility and affect your claim.

Obtain a copy of the IME report from the insurance carrier. Please review it carefully for any inaccuracies or discrepancies and address them promptly.

Receiving and Responding to the Workers’ Compensation Board Decision

Once the Workers’ Compensation Board and the insurance carrier review your claim, they will issue a decision regarding your eligibility for benefits. Reviewing the decision carefully is important so you understand the benefits you were awarded and any potential limitations. 

If you disagree with the decision or believe there are mistakes, you must address them immediately. 

Appealing the Decision

If you’re unsatisfied with the decision, you can appeal. To appeal, you must file an Application for Review (Form RB-89) within 30 days of the decision. You can find this form on the New York State Workers’ Compensation Board website. An appeal will usually result in a hearing before a Workers’ Compensation Law Judge. You will be able to present evidence and testimony to support your claim. The judge will review the case and issue a decision.

Time-Sensitive Steps 

As noted in this article, you must complete several time-sensitive steps in the workers’ compensation process to avoid jeopardizing your claim. To recap, these steps are: 

• Reporting your injury. You must notify your employer in writing within 30 days of the incident.
• Filing your claim. You must file Form C-3, “Employee’s Claim for Compensation,” with the New York State Workers’ Compensation Board within two years from the date of your injury.
• Attending medical appointments and IME. You must attend all scheduled medical appointments and any independent medical examination (IME) requested by the insurance carrier. 

Failing to follow all deadlines could result in a denial of workers’ compensation benefits. 

When Do You Have a Third-Party Claim in Addition to Workers’ Compensation Benefits?

Sometimes, you may have a third-party claim besides your workers’ compensation benefits. A third-party claim arises when someone other than your employer or a co-worker is responsible for your injury. Examples of third-party claims include:

• Defective products. If a defective piece of equipment or machinery caused your injuries, you might have a claim against the manufacturer or distributor of the product.
• Motor vehicle accidents. If your work-related injury occurred in a motor vehicle accident caused by another driver, you might have a claim against the at-fault driver.
• Premises liability. If your injury occurred on someone else’s property due to their negligence (e.g., a slip and fall at a client’s office), you might have a claim against the property owner.

Filing a third-party claim is a separate legal action from your workers’ compensation claim. This claim could allow you to recover additional fault-based damages, such as pain and suffering. Workers’ compensation does not cover these damages. It’s essential to consult with an experienced attorney if you believe you have a third-party claim to ensure you receive the total compensation you’re entitled to receive.

New York’s Special Labor Laws 

New York State has enacted special labor laws that provide additional protections for workers in the construction industry. Sections 200, 240(1), and 241(6) of the New York Labor Law outline these protections and allow injured workers to pursue third-party lawsuits in specific situations. Here’s a brief introduction to each one of these labor laws: 

• Section 200: This section establishes a general duty for employers and property owners to provide a safe work environment for employees. If an employer or property owner fails to adhere to this requirement and an employee is injured, the worker may have grounds for a third-party claim.
• Section 240 (Scaffolding Law): This section protects construction workers who work at elevated heights, such as on scaffolds, ladders, or other similar devices. The law imposes strict liability on property owners and contractors for injuries sustained by workers due to a fall from an elevated height or being struck by a falling object. If an injured worker can prove that their accident occurred due to a New York scaffold law violation, the worker may be entitled to bring a third-party lawsuit against the responsible party.
• Section 241: This section requires property owners, contractors, and their agents to comply with specific safety regulations set forth by the Industrial Code when performing construction, demolition, or excavation work. If a worker is injured on the job because these regulations are violated, the worker might have a valid third-party claim against the responsible party.

These special labor laws offer additional protections to certain workers and allow injured employees to seek compensation beyond the scope of workers’ compensation benefits. If you believe your injury falls under one of these labor law provisions, consult with an experienced attorney who can help you navigate the complexities of these laws and pursue any available third-party claims.

Seeking Legal Assistance

Although navigating the workers’ compensation process independently is possible, having an experienced New York workers’ compensation attorney can significantly improve your chances of success. They can help you understand your rights, gather evidence, and advocate for the benefits you deserve. If you’re struggling with your claim or facing a denial, consider consulting with a workers’ compensation attorney for guidance and support.

Tips for a Successful New York Workers’ Compensation Claim

Workers’ compensation claims can be complicated, especially ones involving third-party liability claims. Keep these tips in mind to help streamline your workers’ compensation claim: 

• Keep organized records of all documents related to your injury, including medical reports, communications with your employer, and expenses incurred.
• Communicate openly and honestly with your healthcare provider, employer, and the Workers’ Compensation Board.
• Follow your doctor’s treatment plan and attend all medical appointments.

One of the best ways to streamline your case is to hire an experienced workers’ compensation lawyer. A lawyer can help you identify all potential sources of recovery after a work-related injury. 

Contact Attorney Anthony A. Ferrante

Don’t risk your workers’ compensation benefits and potential third-party compensation by trying to handle your claim alone. Anthony A. Ferrante has nearly two decades of experience representing injured victims. When you need assistance after a work-related injury in New York, the legal team at Ferrante & Koenig, PLLC, stands ready to help. Contact our office today to learn more about how we can assist you.