Can an Employer Terminate an Employee After a Workplace Injury Before Legal Resolution?

When an employee is injured at work, the question of whether they can be terminated before their workers' compensation case is resolved is a complex and often contentious issue. In states like New York, there are specific legal protections in place to ensure that an employee’s ability to collect workers' compensation benefits is not compromised by such terminations. However, employers do have certain rights under certain circumstances, as we will explore in this article.

Is Termination of a Worker with a Previous Claim Common?

While it is generally not advisable for an employer to terminate an employee who has filed a workers' compensation claim, it is unfortunately not uncommon. In New York, your employer may indeed terminate you, but this does not affect your eligibility to collect workers' compensation. However, it is also common for employers to challenge the claim given the circumstances. Despite this, the termination must typically be based on valid reasons and must not be retaliatory.

Termination for Other Reasons

There have been cases where employees have been terminated for reasons unrelated to their workers' compensation claim, such as inappropriate conduct or breaches of company policies. For instance, if an employee engaged in truly inappropriate or illegal behavior, an employer might have just cause to terminate them, even if they have a workers' compensation claim. However, absent such misconduct, terminating an employee solely based on their workers' compensation claim can be problematic legally.

Worker’s Compensation Basics

Worker’s compensation is an insurance policy paid for by the employer and is designed to protect both the employee and the employer in the event of a workplace injury. Even if an employee is terminated, their workers' compensation claim will still be processed. If the injury was indeed work-related, medical benefits should continue to be paid as long as they are covered under the insurance policy, regardless of the employee's subsequent employment status. This is particularly relevant in scenarios where the injury occurred because the employee was not adhering to safety protocols, such as not wearing required safety equipment.

Legal Challenges and Retaliation

Terminating an employee who has filed a workers' compensation claim can also lead to legal retaliation. This was the experience of my spouse, who was notified of their termination by a certified letter during their medical leave for a work-related injury. The employer demanded immediate return to a physically demanding job, failing to consider the doctor's limitations. This type of demand without proper justification can be considered illegal retaliation and may lead to significant legal consequences. In the case of my spouse, a well-versed attorney was able to demonstrate the company's true intent through the unexpected response of the manager and the subsequent legal action. This led to a favorable outcome in the workers' compensation case, resulting in a settlement and a positive reference for continued employment.

Conclusion

While employers in jurisdictions like New York do have the right to terminate employees under certain circumstances, it is crucial to ensure that such actions are justified and not retaliatory. Employees have the right to collect workers' compensation benefits regardless of their employment status, provided their injuries are work-related. Employers who engage in retaliatory actions without proper justification can face severe legal consequences. If an employee believes that their termination was unjustifiably linked to their workers' compensation claim, seeking legal representation is often the best course of action.