Content reviewed by:
Alex Shulman
If your employer pressures you not to file a workers’ comp claim, you can still file one, and a lawyer can help protect you from retaliation.
Though it’s illegal for your boss to punish you for filing for workers’ comp, many employers do so anyway. A New York workers’ compensation lawyer from Shulman & Hill Injury Lawyers can assist with your claim and defend your right to file it.
What if My Employer Tells Me Not to File a Workers’ Comp Claim?
If your employer tells you not to file a workers’ compensation claim, you do not have to follow that instruction. New York employers are not allowed to prevent an employee from filing a workers’ compensation claim. They also cannot discriminate against you because you have filed or are planning to file a claim.
Your employer might tell you that filing a claim is unnecessary because your injury is minor or because the company will cover your medical expenses. However, if you agree to an informal arrangement, it can create problems later if your condition becomes worse, you need additional treatment, or you cannot work.
A workers’ compensation attorney from Shulman & Hill can help you file a claim and protect you against retaliation from your employer.
What if My Employer Offers to Pay My Medical Bills Instead?
An employer offering to pay your medical bills may seem like a reasonable solution, but you should not agree to an informal arrangement. If you do, and your injury gets worse or becomes chronic, you could end up on the hook for future medical expenses.
In addition, workers’ compensation covers a portion of your lost wages. You will likely miss out on this benefit if you enter into an agreement with your employer.
If your employer offers to pay for treatment in exchange for you not filing a claim, consult the attorneys at Shulman & Hill before agreeing.
What Should You Do If Your Employer Discourages You From Filing?
If your employer is pressuring you not to file for workers’ comp, you should:
- Report the injury to your employer: If you haven’t already, file a report with your employer about when, where, and how your injury happened.
- Write down what you remember: Record the date, participants, and substance of conversations in which someone discouraged you from filing.
- Keep copies of everything: Save emails, text messages, accident reports, medical records, and other documents related to your injury.
- Get medical care: Visit a doctor and explain that your injury occurred in connection with your employment.
- Avoid signing documents: Don’t sign anything until you have a lawyer.
- Consult a lawyer: If your employer is actively discouraging or threatening you, the lawyers at Shulman & Hill can advise you on what to do next.
How Long Do You Have to File a Workers’ Compensation Claim in New York?
In New York, you must notify your employer of a work injury in writing within 30 days of the injury and file a formal claim with the New York Workers’ Compensation Board within two years. For illnesses or repetitive stress injuries that develop over time, you have two years from when you knew or should have known the condition was work-related to file a claim.
If you miss either deadline, it will put your right to benefits at risk, which is why it’s important to contact the team at Shulman & Hill as soon as you sustain a workplace injury.
What If My Employer Tells Me to Wait?
If your employer tells you to wait before reporting your injury or filing a claim, you should still notify them in writing and file a claim directly with the state to preserve your right to workers’ compensation benefits.
Waiting could make it more difficult to establish that your injury was work-related and jeopardize your right to pursue benefits.
Can My Employer Fire Me for Filing a Workers’ Comp Claim?
No, your employer cannot fire you solely for filing a workers’ compensation claim in New York. That said, an employer is not required to hold your job open indefinitely while you recover from an injury. If business needs require them to permanently fill your position because you cannot work, they may legally replace you.
In addition, as you recover from your injury, you can still be fired for legitimate performance issues, violating company rules, layoffs, or company downsizing, as long as your injury or claim is not the real reason behind your termination.
If you believe you were wrongfully terminated, a lawyer from Shulman & Hill can help you take legal action.
What if My Employer Retaliates After I File a Claim?
In New York, it is illegal for your employer to take adverse action against you because you filed or attempted to file a workers’ compensation claim. Types of retaliation could include:
- A supervisor threatening you because you reported your injury
- Termination shortly after you file a claim
- A sudden reduction in your work hours
- Unusual disciplinary action
- Demotion or reassignment
If you believe you were discriminated against because you exercised your workers’ compensation rights, the lawyers at Shulman & Hill can help you file a complaint with the New York Workers’ Compensation Board.
Get Help from a Workers’ Compensation Lawyer
No matter what your employer says, you have the right to pursue workers’ compensation benefits in New York. If you receive pressure not to from your boss, a workers’ compensation attorney from Shulman & Hill can help you file a claim and protect you from illegal retaliation.
Book a free case review to discuss your situation with a lawyer.
