Content reviewed by:
Alex Shulman
If your employer says you violated a safety rule before your injury, you can typically still obtain workers’ compensation benefits in New York.
Workers’ comp claims often receive pushback from employers. If your employer is pressuring you not to file one, a New York workers’ compensation lawyer from Shulman & Hill Injury Lawyers can assist with your claim and protect you from retaliation.
What Happens if Your Employer Says You Broke a Safety Rule Before an Injury?
If your employer says you broke a safety rule before you were injured at work, it does not automatically disqualify you from workers’ compensation. In New York, workers’ compensation is a no-fault system, which means you can typically still receive benefits even if you were partially at fault or broke a rule, as long as the injury occurred while doing your job.
That said, you cannot receive benefits if you hurt yourself on purpose or were injured due to drug or alcohol impairment. In addition, your employer can still discipline or fire you for breaking a safety rule before the injury, provided they enforce that rule consistently and are not just using it as an excuse to punish you for filing a workers’ comp claim.
If your employer tries to dissuade you from filing for workers’ comp, a workers’ compensation attorney from Shulman & Hill can step in and protect your right to submit a claim.
Will My Workers’ Comp Claim Get Denied?
No, your New York workers’ comp claim will not get denied simply because you violated a safety rule before getting injured. If you made a mistake, took a shortcut, or forgot to follow a standard safety protocol, you can still obtain benefits under New York’s no-fault system.
However, an insurance company or employer may deny your claim or reduce your benefits if you are guilty of:
- Intoxication: Being under the influence of illegal drugs or alcohol at the time of the workplace injury will generally lead to a denial of your claim.
- Horseplay: If you engaged in rough, foolish, or unauthorized rough play, it may bar you from recovering compensation.
- Intentional misconduct: If you deliberately hurt yourself, your claim will likely be rejected.
Can My Employer Fire Me for Filing a Workers’ Compensation Claim?
No, your employer cannot legally fire you for filing a workers’ compensation claim in New York. State law generally prohibits an employer from retaliating or discriminating against an employee for filing a workers’ compensation claim.
However, your employer can legally let you go while you are receiving workers’ comp if the decision is based on separate business needs, such as layoffs, downsizing, or poor performance on your part.
Retaliation can take different forms. If you believe you are being punished for filing a workers’ comp claim through termination, demotion, reduced hours, disciplinary action, or other adverse treatment, a personal injury lawyer from Shulman & Hill can help you file a complaint.
Why Hire a Workers’ Compensation Lawyer?
If your employer claims you violated a safety rule before your workplace injury, a workers’ compensation lawyer from Shulman & Hill can help protect your right to benefits.
Though you can file a workers’ compensation claim without an attorney, having legal representation can be particularly valuable when your employer or its insurance company questions your conduct.
Our lawyers can:
- Evaluate your claim: We can review your accident, medical records, and the alleged safety violation to determine whether you are entitled to workers’ compensation benefits.
- Gather evidence: We can help obtain accident reports, witness statements, medical records, workplace policies, training records, and other evidence that supports your workers’ comp case.
- Deal with the insurance company: We can communicate with the insurer on your behalf and help you avoid making statements that could harm your claim.
- Represent you in disputes: If your claim requires a hearing or other proceedings before the New York Workers’ Compensation Board, we can represent your interests throughout the process.
- Challenge an unfair denial: If the insurance company denies your claim because of an alleged safety violation, we can help challenge the denial.
- Protect you from retaliation: We can help you file a complaint if your employer threatens, disciplines, or otherwise retaliates against you after you report your injury or pursue workers’ compensation benefits.
What Should You Do If Your Employer Blames You for Your Injury?
If your employer says you caused your workplace injury by breaking a safety rule, you should:
- Report your injury promptly: If you haven’t already, notify your employer about the workplace injury in writing.
- Get medical treatment: Tell the medical provider that your injury occurred at work and explain how the accident happened.
- Keep copies of records: Save medical records, accident reports, correspondence, photographs, and other documents related to your injury.
- Write down what happened: Record everything you remember about the accident while the details are still fresh in your mind.
- Identify witnesses: Make a list of coworkers or other people who saw the accident or know about the conditions that caused it.
- Avoid admitting fault: Be truthful, but do not speculate about liability or say anything that could be interpreted as an admission of fault.
- Get legal advice: If your employer or its insurer is blaming you or challenging your claim, a lawyer from Shulman & Hill can explain your options and protect your rights.
Consult a Workers’ Compensation Attorney
Just because you broke a rule at work does not mean you are ineligible for workers’ compensation. Regardless of what your employer accuses you of, a workers’ compensation attorney from Shulman & Hill can help you pursue benefits and protect you from retaliation.
Schedule a free case review to discuss your situation with an experienced attorney.
