Getting injured at work is stressful enough. On top of physical pain and medical appointments, many workers immediately begin to worry about their job. A common and very real fear is: “Can my employer fire me for being on workers’ compensation?”
At WRKRS Law Firm PLLC, we hear this concern every day from workers across New York. The short answer is complicated — but the most important thing to know is this: your employer cannot legally fire you because you filed a workers’ compensation claim. When termination happens for that reason, it may qualify as illegal retaliation.
New York follows the doctrine of at-will employment, meaning employers can generally terminate employees for almost any reason, or no reason at all. However, at-will employment is not unlimited.
Employers may not terminate workers for reasons that violate state or federal law. Filing a workers’ compensation claim is a protected activity, and retaliation for exercising that right is prohibited.
This distinction is critical. While an employer may have broad discretion, they cannot use workers’ compensation as a reason to fire you.
Under New York Workers’ Compensation Law, employers are prohibited from retaliating against employees who:
If an employer fires, disciplines, or otherwise punishes a worker for any of these actions, it may constitute unlawful retaliation.
Not every termination that happens while a worker is on workers’ compensation is automatically illegal. Employers may still terminate employees for legitimate, non-retaliatory reasons.
Examples may include:
However, employers often claim these reasons to mask retaliation, which is why timing, documentation, and patterns matter.
Certain warning signs strongly suggest a termination may be unlawful.
Common red flags include:
At WRKRS, we closely analyze these details to determine whether retaliation occurred.
Some employers claim they are unable to hold a job open while a worker recovers. While prolonged absences can create operational challenges, this does not give employers the right to retaliate.
Depending on the circumstances, additional laws may apply, including:
Employers must evaluate reasonable accommodations before taking adverse action, especially when injuries result in temporary or permanent limitations.
Being fired does not automatically end your workers’ compensation benefits.
Important points to understand:
Insurance companies may attempt to use termination as a reason to reduce or deny benefits, which is why legal representation is so important during this period.
If you are terminated after filing a workers’ compensation claim, it’s important to act carefully and strategically.
Recommended steps include:
Early legal guidance can preserve evidence and protect your rights.
At WRKRS Law Firm PLLC, we take a comprehensive approach when workers face termination after an injury.
Our team:
We understand employer tactics — and we know how to challenge them effectively.
No worker should fear losing their job simply for getting hurt at work. New York law recognizes that injured employees deserve protection, not punishment.
At WRKRS, we believe workers should never have to choose between their health and their livelihood. If you were fired while on workers’ compensation, or fear it may happen, you don’t have to face it alone.
Contact WRKRS Law Firm PLLC for a confidential consultation. We’ll help you understand your rights, protect your benefits, and hold employers accountable when they cross the line.
Because at WRKRS, we stand with the workers who keep New York running.
Your Case. Our Mission.
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