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Protection From Employer Retaliation After Filing a Workers’ Compensation Claim in New York State

In New York State, employees who’ve been injured in a workplace accident or sickened by an occupational disease are often entitled to workers’ compensation benefits such as medical treatment, and wage replacement payments for conditions that keep them out of work for seven days or longer.

Unfortunately, injured or ill workers are sometimes worried about potential retaliation from their employers. In workers’ comp cases, retaliation can come in a number of forms, including harassment, mistreatment, discrimination, demotion, and termination.

Though retaliating against an employee for filing a workers’ comp claim is illegal in the Empire State and employers who do so face fines, it can occasionally happen—especially if you don’t know your rights and don’t have a knowledgeable and experienced New York workers’ compensation attorney advocating for your best interests.

If your employer illegally retaliated against you, you may be able to hold them accountable, and get your job back or recover monetary damages for lost earnings. However, you’ll need a highly-skilled attorney to help you prove that what happened in your case was a direct punitive response to your workers’ compensation claim. While the unpleasant event may look like a clear-cut case of retaliation to you, without sufficient supporting evidence, it may not be so obvious to those who are reviewing your claim—and your retaliation complaint—at the nearest Workers’ Compensation Board District Office.

Hurt On-the-Job? Let Our Adept Workers’ Comp Attorneys Advocate for You

Retaliation is the last thing an injured employee should have to worry about when seeking the workers’ comp benefits they deserve. If you were hurt on the job, the savvy attorneys with O’Connor Law PLLC can help you understand and protect your rights—and if you’ve been a victim of retaliation, we can fight to make things right. To find out how we can assist you with your workers’ compensation case, contact us to schedule an appointment for a free initial consultation.


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