New York City Workers’ Compensation Retaliation Lawyers

Why Do Employers Retaliate Against Injured Workers?

Few employers systematically discipline or fire every single worker who gets injured on the job. Even fewer employers have explicit policies stating that they may punish their workers simply for trying to claim compensation after a workplace accident or injury.

Yet, every time an injured worker successfully becomes entitled to workers’ compensation benefits, that worker’s employer risks paying higher premiums to its insurance carrier (or paying out of its own pocket if it is self-insured).

Therefore, many employers gamble that by firing an injured worker who has filed or is about to file a claim, they can avoid having to pay the costs that that claim would impose on them. The rights and needs of the injured worker mean nothing to these employers.

What Are Examples of Retaliation?

While workers' compensation is designed to protect employees who sustain injuries or illnesses in the workplace, some unscrupulous employers may resort to retaliatory actions to discourage their employees from filing claims. Employer retaliation for workers' compensation claims is illegal in most places, and employees have rights and protections against such actions. Here are some examples of retaliation:

• Termination or Firing: One of the most severe forms of retaliation is when an employer terminates or fires an employee shortly after they file a workers' compensation claim. While employers may argue that the termination is due to unrelated reasons, such as poor performance or downsizing, the timing of the termination often raises suspicion.
• Reduced Hours or Demotion: In some cases, an employer may reduce an injured employee's working hours or demote them to a lower-paying position after they file a workers' compensation claim. These actions can significantly impact the employee's income and job security, making them less likely to pursue their claims further.
• Harassment and Hostile Work Environment: Employers may subject injured workers to harassment or create a hostile work environment to pressure them into dropping their workers' compensation claims. This can include verbal abuse, excessive monitoring, or other forms of mistreatment.
• Negative Performance Reviews: Another subtle form of retaliation is providing negative performance reviews to employees who have filed workers' compensation claims. Employers may use this tactic to undermine the employee's credibility or justify future adverse actions.
• Unreasonable Work Assignments: Employers may assign injured workers tasks that are physically demanding, unsafe, or impossible for them to perform in their condition. This puts the injured employee at risk and can be seen as a form of retaliation.
• Blacklisting: In some cases, employers may attempt to damage an injured worker's future job prospects by blacklisting them in the industry. They may spread false information or discourage other companies from hiring the employee.

What Can You Do If You Were Fired After Filing for Workers’ Compensation?

Section 120 allows injured workers who are fired (or disciplined in any way) in retaliation for claiming workers’ compensation benefits to sue their employers directly in a separate legal action from the workers’ compensation claim itself. In other words, if your employer retaliated against you in any way after a workplace injury or after you filed for workers’ compensation benefits, you can sue your employer.

If you are successful, Section 120 entitles you to recover from your employer:

• Monetary damages for lost wages and other economic losses you sustained as a result of your employer’s discriminatory treatment of you
• Restoration to your former position with your employer if you so choose and if it can reasonably accommodate your disability
• Any pay raise, promotion, or enhanced seniority to which you would have been entitled if your employer had not discriminated against you for claiming workers’ compensation benefits

At Schotter Millican, LLP, our New York City workers’ compensation employer retaliation attorneys can provide detailed information specific to your case during a no-cost, no-obligation consultation. We are committed to protecting the rights of our clients, as well as those of all workers throughout New York City and beyond.